FOUR SEASONS FINE FOODS/GEVITYIM&M FOODS; and AMERICAN HOME ASSURANCE COMPANY, MARIA TOLENTO WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA TOLENTO, Applicant,vs.FOUR SEASONS FINE FOODS/GEVITYIM&M FOODS; and AMERICAN HOME ASSURANCE COMPANY, Defendants,Case No. LAO 850708OPINION AND ORDERDISMISSING PETITIONFOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award of March 21, 2007. In its petition, filed on May 21, 2007, defendant requests that we grant reconsideration on our own motion pursuant to Labor Code section 5900. IDefendant’s petition, filed on May 21, 2007, is not timely, as it was filed more than 25 days after the Findings and Award of March 21, 2007, was filed and served by mail. (Lab. Code, § 5903; Code of Civ. Proc., § 1013; Cal. Code Regs., tit. 8, § 10507 [Appeals Board Rule 10507].) Therefore, we will dismiss it. (Scon v. Workers’ Comp. Appeals Bd. (1981) 46 Cal.Comp.Cases 1008; Rymer v. Hagler (1989) 211 Cal.App.3d 1171.) Moreover, our jurisdiction to grant reconsideration on our motion is limited to the period of 60 days after the filing of an order, decision, or award made by a workers’ compensation administrative law judge. (Lab. Code, § 5900.) The Findings and Award of March 21, 2007, was filed more than 60 days ago. Therefore, even if, assuming arguendo, we were inclined to grant reconsideration of that decision on our own motion, we no longer have jurisdiction 😮 do so. Accordingly, we will dismiss defendant’s untimely petition for reconsideration. , For the foregoing reasons,IT IS ORDERED that defendant’s petition for reconsideration of the Findings and Award of March 21,2007. is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________FRANK M. BRASSI CONCUR,________________________________________JAMES C. CUNEO________________________________________RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO. CALIFORNIAJUL 17 2007SERVICE BY MAIL ONSAI
Maria Tolento vs. Four Seasons Fine Foods/gevityim&m Foods; And american Home Assurance Company,
This case is about Maria Tolento's petition for reconsideration of the Findings and Award of March 21, 2007, which was filed against Four Seasons Fine Foods/GevityIM&M Foods and American Home Assurance Company. The petition was dismissed as it was not timely filed and the jurisdiction to grant reconsideration on the motion was limited to the period of 60 days after the filing of the order, decision, or award.
- Filed On:
- Court: California, San Francisco
- Case No. LAO850708
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