Martinez v. Department of Labor & Industries

The Department of Labor and Industries appeals a decision of the Superior Court which dismissed the Department's petition for review of a hearing examiner's proposed decision and order because the petition was filed 1 day late. Our decision in this case sets a precedent which benefits or harms not only the Department but also claimants, since the rule must be the same for both.

Epifanio Martinez was injured in August 1974. In February 1979, the Department of Labor and Industries awarded him a permanent partial disability award equal to 8 percent. On April 11, 1979, he appealed to the Board of…