Villa v. Workers' Compensation Appeals Board

Opinion

STONE, P. J.

Petitioner Ernesto Villa seeks review of the July 1, 1983, order of respondent Workers’ Compensation Appeals Board (Board) denying reconsideration of the workers’ compensation judge’s finding that applicant sustained no industrial injury to his eyes.

This court originally denied the petition as untimely filed; however, on December 28, 1983, the Supreme Court granted Villa’s petition for hearing and retransferred the matter to the court “with directions to issue a writ of review to be heard . . . when the proceeding is ordered on calendar.

(Shearer

v.

Superior Court

(1977) 70 Cal.App.3d 424.)”

Villa’s petition for writ of review was filed in this court on August 16, 1983, 46 days after the Board’s order denying reconsideration.

[1078]

Labor Code section 5950

1

provides that a petition for writ of review “must be made within 45 days after a petition for reconsideration is denied.” A petition for writ of review filed one day after expiration of the time prescribed by section 5950 has been held untimely, thus depriving this court of jurisdiction.

(Nat. Auto. Ins. Co.

v.

Ind. Acc. Com.

(1943) 58 Cal.App.2d 508, 509 [136 Cal.Rptr. 815]; see

Litzmann

v.

Workmen's Comp. App. Bd.

(1968) 266 Cal.App.2d 203, 204 [71 Cal.Rptr. 731].)

Based upon section 5950 and the aforecited authorities, we ordered the instant petition dismissed as untimely filed. Thereafter, the Supreme Court issued its retransfer order, citing