WCDefenseCA

Happy Monday dear readers!

Of course, it’s not just Monday, is it?  In fact, it’s Columbus Day in many parts of the country.  However, if we were to look at the Rules of Court holidays, Columbus day is noticeably absent.  Of course, comparing the Court Holidays to years prior, Columbus day was a holiday as late as 2021.

By contrast, California Government Code 6700, lists Columbus Day as a holiday.  Columbus Day was

Typically, whenever any deadline falls on a “holiday” that deadline is extended to the next non-holiday, non-Saturday, non-Sunday.  But what about Columbus day?

Less than a year ago, your humble blogger brought you the panel decision in Vanlandingham v. American Services & Products, Inc., which ruled that since the WCAB was open for filing on Columbus day, the deadline to file was not extended by one day. 

So, what’s the answer, dear readers?  Should Columbus Day extend filing deadlines until Tuesday?  As discussed in this prior blog post, the answer is no.  Government Code section 19853 does not list Columbus Day as one of those holidays where state employees are off work.  Accordingly, if you have anything due today, I suggest you roll up your proverbial sleeves and start working away, as 5pm will be here before you know it and your deadline will be blown!

For those of my beloved readers lucky enough to enjoy today as a day off from work, I urge you to enjoy the wonderful weather and the time spent away from our beloved swamp of workers’ compensation. 

Every lien claimant knowingly providing treatment UR denied, every applicant attorney demanding sanctions because there were only 50 tissues in his client’s tissue box instead of 52, and every shameless defense attorney such as your humble blogger pestering you for authority to take the SJDB Voucher dispute all the way to the California Supreme Court will be waiting for you come Tuesday.  You may as well enjoy the sort-of holiday of Columbus Day while you still can.

Until the next time, dear readers!