Big Valley Labor; American Home Assurance Company Jose Perez Ferreira WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJOSE PEREZ FERREIRA,,Applicant, vs.BIG VALLEY LABOR; AMERICAN HOMEASSURANCE COMPANY,Defendant.Case No. ADJ6910802OPINION AND ORDER DISMISSINGPETITION FOR RECONSIDERATION Jose Perez Ferreira, (Applicant), seeks reconsideration of the Findings and Award issued inthis case by a workers’ compensation administrative law judge (WCJ) on May 4, 2010. Thatdecision found that Applicant, while employed by defendant as a foreman on January 18, 2007,sustained an injury arising out of and occurring in the course of his employment to his chest and left (minor) shoulder. The decision further found that applicant’s injury caused permanent disability of three percent (3%) and that applicant does not require further medical treatment tocure or relieve the effects of the injury. Applicant contends that the WCJ erred in finding that he is not entitled to further medicaltreatment because he is currently receiving medical treatment from Dr. Auden Clarke and is awaiting a report from Dr. Clarke on the status of his injury and the medical treatment that may berequired. We have considered the allegations of the petition for reconsideration. However, based onour review of the record, the Report and Recommendation of the WCJ (Report), and the answer filed by Defendant, 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 isdeemed filed on the day it was actually received at the WCAB office and not on the date it wasdeposited in the mail. (Valle v. Workers’ Comp. Appeals Bd. (1973) 38 Cal.Comp.Cases 468 (writdenied); Oliver v. Structural Services and Zenith National Ins. Co. (1978) 4
