BRIAN CARRASCO vs. CLARK PEST CONTROL; GALLAGHER BASSETT SERVICES, INC.

In this case, Brian Carrasco filed a Petition for Reconsideration against Clark Pest Control and Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board considered the allegations and found that the petition was untimely and dismissed it. The Board also stated that, had the petition been timely-filed, it would have been denied on the merits. The Petition for Reconsideration was dismissed.

CLARK PEST CONTROL; GALLAGHER BASSETT SERVICES, INC. BRIAN CARRASCO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRIAN CARRASCO, Applicant,vs.CLARK PEST CONTROL; GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ2948353 (SAL 0116403)ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will dismiss the petition as untimely. The Findings and Order Denying Petition to Rescind Compromise & Release and Order Approving C&R issued on August 6, 2012. Applicant did not file the Petition for Reconsideration within 25 days of the decision (20 days per Labor Code section 5903, plus 5 days for mailing per Code of Civil Procedure section 1013). Accordingly, the Petition for Reconsideration is untimely and must be dismissed.            Furthermore, had the petition been timely-filed, for the reasons stated by the WCJ in the Report, which we adopt and incorporate, we would deny on the merits./ / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________ALFONSO J. MORESII CONCUR,_______________________________________________  FRANK M. BRASS_______________________________________________  RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA  OCT 04, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.BRIAN CARRASCOMULLEN FILIPPIcsl ADJ2948353 , (SAL0116403)

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