THE HOME DEPOT and SEDGWICK 14442 ORANGE, LOUIE BLACKMON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOUIE BLACKMON, Applicant,vs.THE HOME DEPOT and SEDGWICK 14442 ORANGE, Defendants.Case No. ADJ6552779OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND REMANDING CASE TO THE TRIAL LEVEL Applicant, in pro per, seeks reconsideration of the Order that issued on June 3, 2009, in which a workers’ compensation administrative law judge (WCJ) denied, without prejudice, a petition for commutation of the entire balance of the Stipulated Findings and Award of December 29, 2008. It is applicant’s contention that the WCJ erred in denying the petition for commutation because he has newly discovered evidence material to his case that could not have been discovered or produced at the hearing with reasonable diligence. The petition makes the following statement: “I did not receive a notice of decision on this case. I need an extension to get added bills and proof together. Thanks.” 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 WCJ. An answer has not been filed by defendant. The record in this case confirms that on June 3, 2009, the WCJ issued an Order denying, without prejudice, applicant’s petition for commutation of the Stipulated Award of December 29, 2009. The Order states two reasons for denial of the request: first, because applicant failed to serve a copy, of the petition on defendant; and second, because applicant failed to substantiate his request for commutation with documentation. This is confirmed by the WCJ’s Report. The Order further advises applicant of his right to file a new petition demonstrating service on defendant or to , file an objection to the Order along with a request for a hearing. It is well settled that reconsideration may be had only of a final order, decision or award. (Labor
