One More Thought on Columbus Day…
Happy Monday, dear readers! Your humble blogger has a short post for you that serves as a cautionary tale for all of us with our eyes on deadlines!
As you may recall, on Columbus day I offered this post, which pointed out that while the California Courts consider Columbus Day a holiday, the state of California does not. Well, we now have a very recent and fresh panel decision from the WCAB on this very point! Your humble blogger is trying his best not to be hurt by not being cited as an “authority,” but such is life.
Fun fact, dear readers, did you know that The Big Lebowski is citeable authority, should you for some unimaginable reason need to appeal to the authority of that piece of movie gold? You can read about it here. There, dear readers, that’s a thing you know now…
Anywho, the decision is in the case of Vanlandinham v. American Services & Products, Inc. In that case, the WCJ issued a decision on September 16, 2021, but the petition for reconsideration was not filed until October 12, 2021. The 25th day was October 11, 2021, which was Columbus day. The WCAB then rejected the petition as untimely because “[a]lthough Columbus Day was observed on Monday, October 11, 2021, the Appeals Board was open for filing on that day.”
The attorneys appear to be likely safe from a malpractice claim, as the WCAB also noted “[i]f the petition had been timely, we would have denied it on the merits” but this case is a cautionary tale for all of us down in the trenches of the WCAB. Columbus Day is being treated as a regular working day for purposes of the WCAB.
But, let’s take it one step further – had this been an appeal filed with the Court of Appeal from an adverse decision on Reconsideration, would it have been timely? Well, it certainly appears that the filing party would have gotten the extra day under the California Rules of Court.
So, to all those venturing into the workers’ compensation swamp from the sunny lands beyond, your humble blogger can only say “hic sunt dracones”