BAKERSFIELD MEMORIAL HOSPITAL; SEDGWICK CMS, BILLIEJEAN DEAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABILLIEJEAN DEAN, Applicant,vs.BAKERSFIELD MEMORIAL HOSPITAL;SEDGWICK CMS, Defendant.Case Nos. ADJ2440131 (BAK 0144165)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Award issued by the workers’ compensation administrative law judge (WCJ) on May 21, 2009, wherein the WCJ approved the parties’ stipulations that applicant, while employed as a registered nurse on March 16, 2004 (ADJ2440131 [BAK 0144165]), sustained industrial injury to her back, causing 28% permanent disability, and a need for further medical treatment. Defendant contends that the May 21, 2009 Award issued in ADJ2440131 (BAK 0144165) should be amended to include the cumulative injury to applicant’s low back in ADJ572866 (BAK 0144166), arguing that the parties’ stipulations, which formed the basis for the Award, omitted applicant’s claim for cumulative injury. We have considered the petition for reconsideration and we have reviewed the record in this matter. No answer was received. The WCJ has not filed a Report and Recommendation on Petition for Reconsideration (Report) because he has been out of the office for surgery. For the reasons set forth below, we will dismiss defendant’s petition for reconsideration because it is untimely. To be timely, a petition for reconsideration must be filed and received by the Workers’ Compensation Appeals Board (WCAB) within 20 days of the date the final order in question , issued, plus an additional five days if service of the decision is made by mail upon an address in California. (Lab. Code, § 5900, subd. (a), 5903; Code Civ. Proc., § 1013; Cal. Code Regs., tit. 8, § 10507.) Failure to timely file the petition for reconsideration requires dismissal of a petition for reconsideration because the Appeals Board has no jurisdiction to review it. (Scott v. Workers
Billiejean Dean, vs. Bakersfield Memorial Hospital; Sedgwick Cms,
(BAK 0144165)This case involves a petition for reconsideration of an Award issued by the workers' compensation administrative law judge (WCJ) on May 21, 2009, wherein the WCJ approved the parties' stipulations that the applicant, while employed as a registered nurse on March 16, 2004, sustained industrial injury to her back, causing 28% permanent disability, and a need for further medical treatment. The defendant sought to amend the Award to include the cumulative injury to the applicant's low back in ADJ572866 (BAK 0144166), arguing that the parties' stipulations, which formed the basis for the Award, omitted the claim for cumulative injury. The Workers' Compensation Appeals Board (WCAB) dismissed the
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ2440131
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