February 4, 2008 Source:
WorkInjury.com
----------------------------
CA/4:
What is the Recon Unit's 'Right' Address (for Purposes of Late Filing)?
A Petition for Reconsideration was filed on the wrong floor of the San Francisco WCAB. It was delivered to the second floor - which turns out to be the address for the district office of the San Francisco WCAB, rather than the ninth floor - which is the Recon Department's address.
As a result of the error (the parties disputed, of course, which side was at fault for the error - one saying the WCAB itself provided the wrong address; the other saying there was no proof of that), the petition was about two weeks late from the required 25-day deadline for filing such a petition by mail.
In an unpublished decision - County of Orange v. WCAB (Lean) - the Fourth District Court of Appeal said substance over procedure matters most to ensure due process rights and remanded the reconsideration petition for a decision on its merits.
"We are persuaded by our due process rationale in Shipley (7 CA4 1104) [file and petition misplaced by WCAB and deemed denied by operation of law) that reconsideration on the merits should not be denied due to administrative error.
"Here the Board has asked that the matter be sent back for decision on the merits, as opposed to its earlier denial on a procedural irregularity largely created by the Board's own rule 10840 and the confusion about the second floor versus the ninth floor offices of the Board."
- Help for the Injured Worker
