Jose Navarro, General Contractor and State Compensation Insurance Fund Mario Alberto Galindo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIO ALBERTO GALINDO, Applicant,vs.JOSE NAVARRO, GENERAL CONTRACTOR and STATECOMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3517051 DECISION AFTER RECONSIDERATION On January 28, 2010, we granted reconsideration on our own motion of our December 7, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration and issued a Notice of Intention to Accept Petition for Reconsideration as timely filed. We now issue our1 Decision After Reconsideration. We find that defendant’s petition for reconsideration was timely filed. Therefore, we will affirm our December 7, 2009 decision and return this matter to the trial level for further development of the medical record. In our January 28, 2010 grant of reconsideration, we stated that: “In view’ of applicant’s objection to the timeliness of the petition, we will remand this matter to the trial level and instruct! the WCJ to conduct an evidentiary hearing limited to the issue of the timeliness of the petition for reconsideration and to prepare a summary of the evidence received for our consideration and decision.” (January 28. 2010 Opinion and Order Granting Reconsideration on Order of the Appeals Board and Notice of Intention to Accept Petition for Reconsideration as Timely Filed, p. According to the Summary of Evidence, at a March 30. 2010 evidentiary hearing, defendant’s counsel testified that: , , “When he arrived in the parking lot at the Board his watch said it was two to three minutes before 5:00 o’clock. Every few months the witness sets his watch back two to three minutes. The witness parked in the rear and came in the rear entrance. The door was unlocked when the witness arrived. He ran to the elevator. The doors to the Board were open and there were still a few people in the
Menu
