Workers’ Compensation · Primary-source case analysis

Hernandez: A Saturday Filing Deadline Extended to the Next Business Day

By Aneeta Mishra and Timothy Chan

Published September 2, 2026

Hernandez v. Henkel Loctite Corp. addressed whether a lien was automatically dismissed when the required Labor Code section 4903.05(c) declaration was filed on Monday, July 3, 2017, after the statutory date of Saturday, July 1.

The declaration statute imposed a fixed date

The lien claimant was required to file a declaration establishing a permissible basis for the lien. The statute stated that liens lacking a timely declaration would be dismissed by operation of law, making the computation question outcome-determinative.

The stated date fell on a Saturday

WCAB Rule 10508 extends a final filing day that falls on a weekend or holiday to the next business day. Code of Civil Procedure section 12a and Government Code section 6707 reflect the same general treatment of weekend deadlines.

The Board harmonized the statute with time-computation rules

Nothing in the lien legislation displaced the established rules for acts due on a weekend. The Board therefore treated declarations filed by 5:00 p.m. on Monday, July 3 as timely.

The lien was not dismissed by operation of law

The en banc decision rescinded the dismissal and returned the matter for further proceedings. Its narrow holding concerned computation of that statutory deadline, not whether the lien was otherwise valid or recoverable.

Key takeaways

• Check the calendar before concluding that a statutory date has expired.
• Apply the WCAB rule together with generally applicable California time statutes.
• Retain electronic filing confirmation showing the exact submission time.
• Separate deadline compliance from the merits and proof of the lien.