Alexander English vs. Dallas Ma Verjcks And Zenith Insurance Company

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Removal filed by Alexander English against Dallas Ma Verjcks and Zenith Insurance Company as untimely. The petition was filed on June 18, 2014, against the decision of April 8, 2014, which was personally served on the parties on that date. The petition for removal was due no later than April 28, 2014, without an additional five days for mailing. The Board did not adopt or incorporate the WCJ's Report in its discussion of the merits.

DALLAS MA VERJCKS and ZENITH INSURANCE COMPANY ALEXANDER ENGLISH WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEXANDER ENGLISH, Applicant,vs.DALLAS MA VERJCKS and ZENITHINSURANCE COMPANY, Defendants.Case No. ADJ8838881(Oakland District Office)ORDER DISMISSINGPETITION FOR REMOVAL            We have considered the allegations of the Petition for Removal. Based on our review of the record, we will dismiss the petition as untimely. The petition was filed on June 18, 2014, against the decision of April 8, 2014. Petitioner did not file the petition within 20 days of personal service of the decision. (California Code of Regulations, title 8, section 10843.)            We do not adopt or incorporate the WCJ’s Report in its discussion of the merits. However, the WCJ is correct in noting that applicant had only 20 days, not 25 days, in which to file a timely petition for removal. The April 8, 2014 order was personally served on the parties on that date, so the petition for removal was due no later than April 28, 2014, without an additional five days for mailing. (Cf Strom v. Workers’ Comp. Appeals Bd. (1998) 63 Cal.Comp.Cases 1309 (writ den.).)/ / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Removal is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARDDEPUTY    _____________________________________________RICK DIETRICH        I CONCUR,        _____________________________________________DEIDRA E. LOWE        CONCURRING, BUT NOT SIGNING            KATHERINE ZALEWSKI_____________________________________________        DATED AND FILED AT SAN FRANCISCO, CALIFORNIA                JUL 11 2014    SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ALEXANDER ENGLISHFARBER & COMP ANY ATTORNEYS, APCCHERNOW & LIEBebc ADJ8838881

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