Johnny Cortez vs. Les Schwab Tire Inc Permissibly Self-insured Adjusted By Sedgwick Claims Management Services Inc

In this case, Johnny Cortez sought reconsideration of a workers' compensation award issued by a workers' compensation administrative law judge (WCJ) on May 6, 2014. The Appeals Board dismissed the petition for reconsideration as untimely, but granted reconsideration on its own motion, rescinded the May 6, 2014 Award, and returned the matter to the WCJ for further proceedings and decision. The Appeals Board did not disapprove the stipulations underlying the May 6, 2014 Award, and instead, on remand, the WCJ should determine whether to approve the stipulations or to set the matter for further proceedings.

LES SCHWAB TIRE INC Permissibly Self-Insured adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES INC JOHNNY CORTEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHNNY CORTEZ, Applicant,vs.LES SCHWAB TIRE, INC., Permissibly Self-Insured, adjusted by SEDGWICK CLAIMSMANAGEMENT SERVICES, INC., Defendants.Case No. ADJ9428267(Oakland District Office)OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION,GRANTING RECONSIDERATION ONAPPEALS BOARD MOTION, ANDDECISION AFTER RECONSIDERATION            Applicant, Johnny Cortez, seeks reconsideration of the Award issued by the. workers’ comp{(nsation administrative law judge (WCJ) on May 6, 2014, which awarded benefits to applicant in accordance with stipulations that applicant and defendant reached while he was self-represented.            In his petition, applicant, who is now represented by counsel, contends that he was paid temporary disability indemnity at an incorrect rate and that he was not properly advised of his right to an evaluation by a panel qualified medical evaluator (PQME) regarding the issue of his permanent disability. Applicant acknowledges that his petition was not filed within 25 days of the WCJ’ s May 6, 2014 stipulated Award, but he requests that the Appeals Board grant reconsideration on its own motion.            For the reasons that follow, we will dismiss applicant’s petition for reconsideration as untimely. Nevertheless, we will grant reconsideration on our own motion, rescind the May 6, 2014 stipulated Award, and return the matter to the WCJ for further proceedings and decision.            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), 5903; Cal. Code Regs., tit. 8, § 10507(a)(l).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp.

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