WARNER BROTHERS STUDIO FACILITIES; Permissibly Self-Insured, JOHNNY E. GOSS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHNNY E. GOSS, Applicant,vs.WARNER BROTHERS STUDIO FACILITIES; Defendant(s).Case Nos. ADJ1989935 (MON 0338981)ADJ4062863 (MON 0338982)ADJ2122205 (MON 0338983)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued October 28, 2008, wherein the workers’ compensation administrative law judge (WCJ) awarded Thomas Curtis, M.D. $486.30 pursuant to a lien claim for medical services. In a petition filed Tuesday, November 25, 2008, defendant contends that the WCJ erred by awarding reimbursement in the amount of $486.30 arguing that lien claimant did not meet the burden of proof that the medical services were reasonable and necessary. Based upon our review of the record, and for the reasons set forth herein, we will dismiss defendant’s Petition for Reconsideration because it is untimely.We note that there are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon an address in California (Lab. Code §§ 5900 a), 5903; Code Civ. Proc., § 1013; Cal. Code Regs., tit. 8, § 10507). The time limit set by Labor Code section 5903 for filing a petition for reconsideration is jurisdictional and the Board lacks the power to grant an untimely petition. (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). Defendant filed the petition on November 25, 2008, 27 days after the relevant Findings and Award was issued. The petition is therefore untimely and must be dismissed./// , Furthermore, even if we had not dismissed defendant’s petition because it is untimely, we would have denied the petition on the merits as set forth in the WCJ’s Report and Recommendation on Petition for Reconsideration, whic
Johnny E. Goss, vs. Warner Brothers Studio Facilities; Permissibly Self-insured,
In this case, Warner Brothers Studio Facilities sought reconsideration of a Findings and Award issued October 28, 2008, wherein the workers' compensation administrative law judge (WCJ) awarded Thomas Curtis, M.D. $486.30 pursuant to a lien claim for medical services. The petition was filed 27 days after the relevant Findings and Award was issued, and was therefore dismissed as untimely. The Board also denied the petition on the merits as set forth in the WCJ's Report and Recommendation on Petition for Reconsideration.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1989935
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