Yellow Cab Cooperative, And Southerncalifornia Risk Management Services (Scrma) Amal Khalek WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAMALKHALEK, Applicant,vs.Yellow Cab Cooperative, And mSoutherncalifornia Risk Management Services (Scrma), Defendant(s).Case Nos. SFO 492433; SF0490100OPINION AND ORDER DISMISSINGPETITION FOR RECONSIDERATION Applicant, in pro per, seeks reconsideration of the Order Approving Compromise and Release issued October 30, 2006 wherein the workers’ compensation administrative law judge (WCJ) approved the Compromise and Release wherein the panics resolved applicant’s claim for worker’s compensation benefits. In a petition filed June 14, 2007. applicant contends that the WCJ erred by approving the Compromise and Release because applicant was not mentally competent to make a decision regarding the settlement of applicant’s case. Based upon our review of the record, and for the reasons set forth herein, wc will dismiss applicant’s petition because it is untimely. In the matter presently before us. applicant sought reconsideration of the WCJ’s Order Approving Compromise and Release issued and served by mail on October 30. 2006, by petition filed June 14,2007. The petition is therefore untimely. We note that there are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon on an address in California (Labor Code sections 5900(a), 5903; Code Civil Procedure section 1013; California Code of Regulations, title 8, sections 10507 and 10843.) , The time limit set by Labor Code section 5903 for filing a petition for reconsideration isjurisdictional and the Appeals Board lacks the power to grant an untimely petition. (Rymer v.Hegler (1989) 211 Cal.App.3d 1171; Scott v. Workers’ Compensation Appeals Board (1981) 122Cal.App.3d 979, 46 Cal.Comp.Cases 1008.) Therefore, applicant’s petition shall be dismissed.For the foregoing
Amal Khalek vs. Yellow Cab Cooperative, And Southerncalifornia Risk Management Services (scrma)
; SF0490100
In this case, Amal Khalek sought reconsideration of an Order Approving Compromise and Release issued October 30, 2006, which resolved his claim for workers' compensation benefits. The Workers' Compensation Appeals Board dismissed the petition as it was untimely, as there are only 25 days allowed to file a petition for reconsideration from a final decision which has been served by mail.
- Filed On:
- Court: California, San Francisco
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