Maria Wells vs. Wal-Mart Stores, Inc.; Ace American Insurance Group, Administered By Avizent

In this case, Maria Wells, a former employee of Wal-Mart Stores, Inc., filed a claim for workers' compensation after sustaining industrial injury to her neck, upper extremities, back, and "other body systems" while employed as a sales associate/stocker from September 9, 2005 through October 4, 2009. The parties resolved the claim via a Compromise and Release that was approved on March 13, 2012. Wells then filed two Petitions for Reconsideration, but they were both untimely and the Workers' Compensation Appeals Board dismissed them.

Wal-Mart Stores, Inc.; Ace American Insurance Group, Administered By Avizent Maria Wells WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA WELLS, Applicant,vs.WAL-MART STORES, INC.; ACE AMERICAN INSURANCE GROUP, Administered By AVIZENT, Defendants.Case No. ADJ6999635(Oxnard District Office)OPINION AND ORDER DISMISSING PETITIONS FOR RECONSIDERATION            Applicant seeks reconsideration of the March 13, 2012 Order Approving Compromise and Release (OACR), wherein the workers’ compensation administrative law judge (WCJ) approved the parties’ resolution of applicant’s claim that, while employed as a sales associate/stocker from September 9, 2005 through October 4, 2009, she sustained industrial injury to her neck, upper extremities, back, and “other body systems.”            Applicant contends that the WCJ erred in approving the parties’ Compromise and Release.            We have considered the Petitions for Reconsideration (Petitions) and the Answer from applicant’s former attorney, David G. Schumaker, and we have reviewed the record in this matter. We have not received an Answer from defendant. The WCJ prepared a Report and Recommendation on Applicant’s Petition for Reconsideration (Report), recommending that the Petitions be denied.            For the reasons discussed below, we will dismiss applicant’s Petitions for Reconsideration. Applicant filed an Application for Adjudication of Claim on October 23, 2009. The parties resolved applicant’s claim via a Compromise and Release that was approved on March 13, 2012.            Applicant filed her Petitions for Reconsideration on November 21, 2012 and December 12, 2012.            Under California law, anyone who is aggrieved by a final order of the Workers’ Compensation Appeals Board, such as the OACR in this case, may file a petition for reconsideration. (Lab. Code, § 5903.) However, the petition for reconsideration must be filed within 20 days after service of the final , order. (Ibid.) If the final

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