Marriott Renaissance Hotel, Permissibly Self-Insured Marina Bilaver WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. ADJ7471626(Van Nuys District Office)ORDER DENYINGPETITION FORRECONSIDERATIONMARINA BILAVER,Applicant,vs.MARRIOTT RENAISSANCE HOTEL;Permissibly self-insured,Defendant. We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration. In addition, we deny applicant’s contention that, because defendant did not introduce a denial letter into evidence, there is a presumption of compensability under Labor Code section 5402. Applicant failed to introduce a claim form into evidence, so the burden did not shift to defendant to show a timely denial. (See Honeywell v. Workers’ Comp. Appeals Bd. (Wagner) (2005) 35. Cal.4t” 24 [70 Cal.Comp.Cases 97]. See also, 2 Cal. Workers’ Comp. Practice (Cont. Ed. Bar, June 2012 Update) Trial, § 18.35, p. 1545, citing McCommon v. Workers’ Comp. Appeals Bd. (1998) 63 Cal.Comp.Cases 328 (writ den.): “The employee seeking the benefit of the [section] 5402(b) presumption must be prepared to prove that the claim form was filed with the employer, i.e., that the employer received it.”) , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________FRANK M. BRASSI CONCUR,________________________________________ALFONSO J. MORESI_______________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAFEB 22 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.MARC APPELLMARINA BILAVERLISTER MARTINla , MARINA BILAVE
