THIRD PARTY ENTERPRISES INC STATE COMPENSATION INSURANCE FUND LILIA GUERRERO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALILIA GUERRERO, Applicant,vs.THIRD PARTY ENTERPRISES, INC.;STATE COMPENSATION INSURANCEFUND, Defendants.Case Nos. ADJ917402 (MON 0321095)ADJ3337001 (MON 0321595)ADJ3827779 (MON 0345155)(Pomona District Office)ORDER DISMISSINGPETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will dismiss the petition as untimely. The Order Approving the Compromise and Release issued on April 2, 2014. Applicant did not file the Petition for Reconsideration within 25 days of the decision (20 days per Labor Code section 5903, plus 5 days for mailing per Code of Civil Procedure section 1013). Accordingly, the Petition for Reconsideration is untimely and must be dismissed. Furthermore, had the petition been timely, for the reasons stated by the WCJ in the Report, which we adopt and incorporate, we would deny on the merits./ / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________RONNIE G. CAPLANE I CONCUR, _____________________________________________KATHERINE ZALEWSKI CONCURRING, BUT NOT SIGNING FRANK M. BRASS _____________________________________________ DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 27 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.LAW OFFICES OF ARTEAGA & ASSOCIATESLILIA GUERREROSTATE COMPENSATION INSURANCE
Lilia Guerrero vs. Third Party Enterprises Inc State Compensation Insurance Fund
(MON 0321095)ADJ3337001 (MON 0321595)ADJ3827779 (MON 0345155) In this case, Lilia Guerrero filed a Petition for Reconsideration against Third Party Enterprises, Inc. and the State Compensation Insurance Fund. The Workers' Compensation Appeals Board dismissed the petition as untimely, as it was not filed within 25 days of the decision. Had the petition been timely, the Board would have denied it on the merits.
- Filed On:
- Court: California, Pomona
- Case No. ADJ917402
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