Ralphs Grocery Company; Sedgwick Claims Management Services Katherine Gerald WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHERINE GERALD, Applicant,vsRALPHS GROCERY COMPANY; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. MON 0255317OPINION AND ORDER DISMISSING RECONSIDERATION We have considered the allegations of the petition for reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Report and Recommendation. However, based on our review of the record, 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 appropriate 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.4* 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 petition in this matter was filed on July 19, 2007, more than 25 days after filing andservice of the WCI’s decision on May 21,2007. Furthermore, had the petition been timely it would have been dismissed for lack of averification (Lab. Code, § 5902) and for lack of proof of service (Lab. Code, § 590
Katherine Gerald vs. Ralphs Grocery Company; Sedgwick Claims Management Services
is a case in which Katherine Gerald filed a petition for reconsideration against Ralphs Grocery Company and Sedgwick Claims Management Services. The Workers' Compensation Appeals Board dismissed the petition as it was untimely and lacked verification and proof of service. The petition was filed more than 25 days after the Workers' Compensation Administrative Law Judge's decision was served on May 21, 2007.
- Filed On:
- Court: California, San Francisco
- Case No. MON0255317
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