Trugreen Landcare; Zurich American Insurance Co Mario Salas-Ramirez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIO SALAS-RAMIREZ, Applicant,vs.TRUGREEN LANDCARE; ZURICH AMERICAN INSURANCE CO., Defendant(s).Case No. SDO 0353754OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the April 12, 2007 Order Approving Compromise and Release (“OACR”), wherein the workers’ compensation administrative law judge (“WCJ”) approved the parties’ Compromise and Release settling applicant’s claim that he sustained industrial injury on April 27, 2006, to his lumbar spine, thoracic spine, and pelvis, while employed as a gardener. Defendant contends that the WCJ acted without or in excess of his powers but specifies no unauthorized action by the WCJ. In essence, defendant requests that the OACR be set aside to allow clarification regarding a Notice and Request for Allowance of Lien by the Los Angeles County District Attorney. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (“Report”), recommending that the petition be denied. For the reasons discussed below, we will deny the petition for reconsideration. By Order dated April 12, 2007, the WCJ approved the parties’ Compromise and Release. Pursuant to Appeals Board Rule 10500, Mr. Meekins was designated to serve the OACR. (Cal. Code. Regs., lit. 8, § 10500.) Mr. Meekins is with the Bankers Hill Law Firm, the firm , representing applicant. We find no record of when the OACR was served on defendant. Defendant filed a Petition for Reconsideration of the OACR on May 24, 2007. Defendant states in its petition that it served the OACR on May 10,2007. It attaches a Proof of Service to its Petition to Set Aside the OACR, indicating service by mail on May 10, 2007.
Mario Salas-ramirez vs. Trugreen Landcare; Zurich American Insurance Co
In this case, Mario Salas-Ramirez, the applicant, was seeking workers' compensation for injuries sustained while employed as a gardener. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the April 12, 2007 Order Approving Compromise and Release, as the petition was untimely and the defendant had not provided proof of service.
- Filed On:
- Court: California, San Diego
- Case No. SDO0353754
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