Daniele Malossi vs. FDC Management; Imperium Insurance Company, Administered By Risk Enterprise Management

In this case, Daniele Malossi filed a Petition for Reconsideration against FDC Management and Imperium Insurance Company, Administered by Risk Enterprise Management. The Workers’ Compensation Appeals Board dismissed the petition as untimely, as it was not received by the WCAB within 25 days of the final decision being served by mail. The Board noted that if Malossi had a conformed copy of the original petition with a date-stamp showing it was received by the WCAB on or around the time it was mailed, she could file a timely petition for reconsideration.

FDC Management; Imperium Insurance Company, Administered by Risk Enterprise Management Daniele Malossi WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIELE MALOSSI, Applicant,vs.FDC MANAGEMENT; IMPERIUM INSURANCE COMPANY, Administered by RISK ENTERPRISE MANAGEMENT, Defendants,Case No. ADJ7884570 (Long Beach District Office)OPINION AND 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 (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, we will dismiss the petition as untimely.            A party has twenty-five days within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5902, 5903;

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