PEKING NOODLE COMPANY, ZENITH INSURANCE COMPANY, ELMER COREAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELMER COREAS, Applicant,vs.PEKING NOODLE COMPANY, ZENITH INSURANCE COMPANY, Defendant(s).Case No. ADJ2219719 (VNO 0499919)OPINION AND ORDER DISMISSING RECONSIDERATION We have considered the allegations of the petition for reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Report and Recommendation. Based on our review of the record, and as indicated by the WCJ in his report, it appears the petition is untimely and must be dismissed. Labor Code section 5903 allows twenty (20) days to file a petition for reconsideration, and the time for filing may be extended five (5) days for mailing by WCAB Rule 10507 (Cal. Code Regs., tit. 8, §10507). The time limit for filing a petition for reconsideration is jurisdictional so that the Board lacks the power to grant an untimely petition. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 65 Cal.Comp.Cases 650; Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 46 Cal.Comp.Cases 1008.) In this case, the decision in question was served on the parties by mail on April 7, 2009. The petition for reconsideration from that decision, however, was not filed until May 6, 2009, or 29 days later. Therefore, it is untimely and must be dismissed. We note that were we not dismissing the petition as untimely, we would have denied reconsideration on the merits for the reasons stated by the WCJ in his report./// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration is DISMISSED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ RONNIE G. CAPLANEI CONCUR,
