NEW BREED and LIBERTY MUTUAL INSURANCE COMPANY, IRENE LOPEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRENE LOPEZ, Applicant,vs.NEW BREED and LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ2118952 (POM 0294591)ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimant OrthoGear (lien claimant) seeks reconsideration of the Order Dismissing Lien Claim or Lien Balance Re: Lien of OrthoGear, LLC (Order) that issued in this case on May 13,2009. We have considered the allegations of the petition for reconsideration. However, based on our review of the record, and the Report and Recommendation of the workers’ compensation administrative law judge (WCJ) , it appears the petition 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 not on the date it was deposited in the mail. (Valle v. Workers’ Comp. Appeals Bd. (1973) 38 Cal.Comp.Cases 468 (writ denied); Oliver v. Structural Services and Zenith National Ins. Co. (1978) 43 Cal.Comp.Cases 596; (Appeals Board Panel Opinion); County of Lake v. Workers’ Comp. Appeals Bd. (Helbush) (1984) 49 Cal.Comp.Cases 627 (writ denied). 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.4t 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.) The official WCAB case file in this matter reflects that the Order was served on lien claimant by mail on May 13, 2009. The petition for reconsid
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