Juan Guillen vs. Sensient Dehydrated Flavors: Workers' Comp Case

This case involves a dispute between Juan Guillen, an employee, and Sensient Dehydrated Flavors and Chubb Insurance, adjusted by Specialty Risk Services, Inc., the employer and insurer. Guillen filed a Petition for Reconsideration seeking reconsideration of the May 2, 2007 Findings and Award issued by a workers' compensation administrative law judge (WCJ). The WCJ found that Guillen, while employed as a tractor operator, sustained industrial injury to his back, but not to his lower extremities. The WCJ awarded temporary disability from May 27, 2004 through November 4, 2004, and permanent disability of 16.5 percent, after apportionment. Guillen's petition was found to be unt

Sensient Dehydrated Flavors And Chubb Insurance, Adjusted By Specialty Risk Services, Inc. Juan Guillen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN GUILLEN, Applicant,vs.    SENSIENT DEHYDRATED FLAVORS and CHUBB INSURANCE, Adjusted BySPECIALTY RISK SERVICES, INC., Defendant(s).Case No. FRE 0226319OPINION AND ORDER DISMISSINGPETITION FOR RECONSIDERATION            On November 14, 2007, applicant, on his own behalf, filed a form Petition for Reconsideration seeking reconsideration of the May 2, 2007 Findings and Award issued by a workers’ compensation administrative law judge (WCJ). In that decision, the WCJ    found that applicant, while employed as a tractor operator, sustained industrial injury to his back, but not to his lower extremities. The WCJ    awarded temporary disability from May 27, 2004 through November 4,2004, and permanent disability of 16.5 percent, after apportionment.            In his Petition for Reconsideration, applicant did not strike out any of the grounds listed on the first page. Further, applicant did not provide any details or facts, or include any discussion of the law in his petition.            As set forth below, applicant’s petition is untimely and must be dismissed.            There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon a party at an address in California. (Lab. Code, §§ 5900(a), 5903, 5316; Cal. Code Regs, tit. 8, § 10507; Code Civ. Proc., § 1013.) Pursuant to Board Rule 10390 (Cal. Code Regs., tit. 8, § 10390), documents which are filed by mail are deemed to have been filed on the date that they are received by this Board. For a petition for reconsideration to be timely, it must have actually been received by the Appeals Board within the , statutory period. (See County of Lake v. Workers’ Comp. Appeals Bd. (Helbush) (1984) 49 Cal.Comp.Cases 627 (writ denied); Harvey v. Workers’ Comp. Appeals Bd. (1979) 44 Cal.Comp.Cases 165 (wri

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