Sun City Palm Desert; Insurance Co Of The West Cristino Santos WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACRISTINO SANTOS, Applicant,vs.SUN CITY PALM DESERT; INSURANCECO OF THE WEST, Defendants.Case Nos. ADJ6867138ADJ6867140 5 (Riverside District Office)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. 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 Order Dismissing Lien Claim for Failure to pay Lien Activation Fee Prior to Lien Conference issued on February 26, 2013. Lien claimant 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. We note that the petition is not verified as required by Labor Code section 5902 and that it has misrepresented material facts in violation of WCAB Rule 10842(a)./ / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________FRANK M. BRASSI CONCUR,_________________________________________ ALFONSO J. MORESI_________________________________________ MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUN 07 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.BUENA VISTA MEDICAL SERVICESCA MED MANAGEMENTWILSON PESOTAmm ADJ6867138 , ADJ6867140
Cristino Santos vs. Sun City Palm Desert; Insurance Co Of The West
In this case, Cristino Santos filed a Petition for Reconsideration against Sun City Palm Desert and Insurance Co of the West. The Workers' Compensation Appeals Board reviewed the allegations and found that the petition was untimely and not verified as required by Labor Code section 5902. The petition was also found to have misrepresented material facts in violation of WCAB Rule 10842(a). As a result, the Petition for Reconsideration was dismissed.
- Filed On:
- Court: California, Riverside
- Case No. ADJ6867138
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.