Glenwest Management and State Compensation Insurance Fund Diane Cormier WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANE CORMIER, Applicant,vs.GLENWEST MANAGEMENT and STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3068875 (VNO 0504708)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING RECONSIDERATIONON BOARD MOTION AND DECISION AFTER RECONSIDERATION Lien claimant, Holmes Chiropractic, through its representative, Pinnacle Lien Services (lien claimant), seeks reconsideration of the Order of March 23, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to pay lien claimant $2,500.00 in full satisfaction of its lien claim instead of allowing the parties to proceed to trial. Lien claimant contends that the WCJ erred in issuing the Order without providing it an opportunity to present evidence, and states that it intended to offer 12 exhibits into evidence at the time of trial. Further, lien claimant complains that the WCJ failed to prepare a proper record of the proceedings and provide the parties with a summary of the evidence received and relied on and the basis for the decision, as required by Labor Code section 5313 and California Code of Regulations, title 8, section 10566. The WCJ is no longer employed by the Division of Workers’ Compensation and is not available to prepare a report and recommendation on the petition for reconsideration. We have not received an answer from defendant. At the outset, we note that lien claimant’s petition for reconsideration is untimely and must be dismissed. Labor Code section 5903 allows twenty (20) days after service of a final order, decision, or award to file a petition for reconsideration, and the time for filing may be extended five (5) days for mailing (Code of Civ. Proc., §1013; WCAB Rule 10507). A petition for , reconsideration is deemed filed on the day it was actually received-at the WCAB office and no
