The Boeing Co; American Insurance Guarantee Carl Burd WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARL BURD, Applicant,vs.THE BOEING CO; AMERICAN INSURANCE GUARANTEE, Defendant(s).Case No. ADJ4706075OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATIONLien claimants, “Center for Pain Control in Califomia/Dr. Sanjiv Jain and Dr. Shubha Jain”, seek reconsideration of the Order Dismissing the Liens of Drs. Sanjiv Jain and Shubha Jain with Prejudice, issued April 14, 2010 and mailed to lien claimants on that date, wherein the workers’ compensation administrative law judge (WCJ) dismissed petitioner’s lien claim. In the Order, the WCJ noted that lien claimant had “refused to comply with multiple court orders” and failed to respond to the Notice of Intention to Dismiss with Prejudice, which had been served by mail upon lien claimants on March 24, 2010. Petitioner contends that the WCJ erred by dismissing the lien arguing that petitioner had complied with all prior orders and petitioner had timely objected to the WCJ’s Notice of Intention to Dismiss the liens.Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claimants’ petition because it is untimely. There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon an address in California (Lab. Code §§ 5900(a); Cal. Code Regs., tit. 8. § 10507). The time limit set by Labor Code section 5903 for filing a petition for reconsideration is jurisdictional and the Appeals Board lacks the power to gram an untimely petition. (Rymer v. Hogler (1989) 211 Cal.App.3d 1171; Scon v. Workers’ Comp. Appeals Bd. , (1981) 122 Cal.App.3d 979, 46 Cal.Comp.Cases 1008). The WCJ’s decision was served by mail on April 14. 2010. The 25lh day fell on a Sunday and so the time for filing was extended to Monday. May 10, 2010. Lien Claimant’s petition is dated May 11, 2010 and was filed May 12, 2010. Th
Carl Burd vs. The Boeing Co; American Insurance Guarantee
In this case, the Workers' Compensation Appeals Board dismissed the lien claimants' petition for reconsideration because it was untimely. The WCJ's decision was served by mail on April 14, 2010 and the 25th day fell on a Sunday, extending the time for filing to Monday, May 10, 2010. The lien claimants' petition was dated May 11, 2010 and filed May 12, 2010, making it untimely and thus requiring dismissal.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ4706075
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