CALIFORNIA RAIN COMPANY; STATE COMPENSATION INSURANCE FUND MARIA FRANCISCO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA FRANCISCO, Applicant,vs.CALIFORNIA RAIN COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2528455 (LAO 0850843)ORDER DENYING RECONSIDERATION Lien claimant, Biocare RX Specialty Pharmacy (lien claimant), seeks reconsideration of the Stipulations and Order to Pay Lien Claimant signed by the workers’ compensation administrative law judge (WCJ) on September 28, 2011, wherein the WCJ approved the parties’ stipulations to settle lien claimant’s lien of $1,325.00 for the sum of $50.00. In the underlying case, an Order Approving Compromise and Release issued on April 13, 2009, resolving applicant’s claim that, while employed as a sewing machine operator from October 13, 2003 to October 13, 2004, she sustained industrial injury to her back, neck, shoulders, hands, psyche, knees, right foot, ankles, ear, nose, and throat. Lien claimant contends that the September 28, 2011 Stipulations and Order to Pay Lien Claimant should be set aside on the grounds of mutual mistake of fact, arguing that the agreement must be deemed void because the parties were not working with a complete itemization of its charges and there was no meeting of the minds. 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 with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate, except that we do not adopt the discussion at page two regarding untimeliness, we will deny reconsideration. , Initially, we observe that to be timely, a petition for reconsideration must be filed and received by the Workers’ Compensation Appeals Board (the Board) within twenty days of the date the final order in question issued, plus an additional five days
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