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 · Updated October 17, 2026

Decision: Hernandez v. Henkel Loctite Corp., No. ADJ6726149 (WCAB Mar. 22, 2018) (en banc).

Hernandez v. Henkel Loctite Corp. addressed whether a lien was automatically dismissed when the required Cal. Lab. Code § 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

The version of WCAB Rule 10508 then in force extended a final filing day falling on a weekend or holiday to the next business day. Cal. Civ. Proc. Code § 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 Board denied the defendant’s petition for reconsideration, leaving in place the judge’s finding that the July 3 declaration was timely. It did not rescind a dismissal or decide the separate electronic-signature dispute. Timely filing did not establish that the lien was otherwise valid or payable. Hernandez, slip opinion, pages 12–15.

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.