Camper V. Workers' Compensation Appeals Board

This case presents the question of whether the 45-day period within which to file a petition for writ of review from a decision of the Workers' Compensation Appeal Board (WCAB) specified by Labor Code section 5950 is extended by the provisions of Code of Civil Procedure section 1013. Section 1013 extends the time within which certain actions must be taken in response to a document served by mail. We granted review to resolve a conflict in our appellate courts regarding the answer to this question. We conclude that the deadline set forth in Labor Code section 5950 is not extended by the provisions of Code of Civil Procedure section 1013. Therefore, we agree with the Court of Appeal that petitioner's   petition for writ of review was untimely. Nevertheless, we also conclude that, due to reliance by the petitioner on consistent authority to the contrary at the time he filed his petition, our decision will apply prospectively only. For this reason, we reverse the judgment of the Court of Appeal and direct it to consider petitioner's petition for writ of review on the merits.