The Workers' Compensation Appeals Board, sitting en banc, ruled Thursday that a party wishing to appeal from an adverse independent medical review determination gets 35 days to file a petition for review with the board.
Although Labor Code Section 4610.6(h) sets the filing deadline at "30 days of the date of mailing of the determination," the board said Code of Civil Procedure 1013(a) tacks on an extra five days to allow time for the decision to reach the parties by mail.
The issue of exactly how many days a party has to appeal came up in a case titled Matute v. Los A...
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