LINDA TERBEST vs. WALMART STORES, INC./SAM’S CLUB; AMERICAN HOME ASSURANCE

In this case, Linda Terbest filed a workers' compensation claim against Walmart Stores, Inc./Sam's Club and American Home Assurance. Guy Trimble, D.C., and Allen Fonseca, M.D., filed a Petition for Reconsideration of the Order Dismissing Liens of Dr. Guy Trimble & Dr. Allen Fonseca. The Petition was dismissed as it was filed 26 days after the Order was issued, and it was not verified as required by Labor Code section 5902.

WALMART STORES, INC./SAM’S CLUB; AMERICAN HOME ASSURANCE LINDA TERBEST WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA TERBEST, Applicant,vs.WALMART STORES, INC./SAM’S CLUB; AMERICAN HOMEASSURANCE, Defendants.Case No. ADJ6683229(Anaheim District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimants, Guy Trimble, D.C., and Allen Fonseca, M.D., have filed a Petition for Reconsideration (Petition) of the “Order Dismissing Liens of Dr. Guy Trimble & Dr. Allen Fonseca” (Order), issued by the workers’ compensation administrative law judge (WCJ) on March 9, 2012.            For the reasons that follow, we dismiss the Petition.            A party has twenty-five days within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5902, 5903; Cal. Code Regs., tit. 8, § 10507(a)(1).) These time limits are jurisdictional. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650, 656].) Here, the Order issued on March 9, 2012. Lien claimants’ Petition was not filed until April 4, 2012, i.e., 26 days later. Accordingly, the Petition is untimely and must be dismissed.1            In addition, Labor Code section 5902 requires that a petition for reconsideration be verified. In Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 (Significant Panel Decision), it was held that where a petition for reconsideration is not verified as required by section 5902, the petition ordinarily 1 The petition contains a proof of service showing that it was mailed to defendant and defendant’sattorney on April 3, 2012. The proof of service, however, does not recite that the petition was served bymail on the WCAB. Nevertheless, even if we assume that the petition was also mailed to the WCAB onApril 3, 2012, timeliness is determined by when the petition was filed with (i.e., received by) the WCAB,not by the date whe

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