Marsha Kilgore vs. Guarantee Financial Realty; CIGA, Adjusted By, Cambridge Integrated Services For Fremont Compensation Insurance, In Liquidation,

In this case, Marsha Kilgore filed a Petition for Reconsideration against Guarantee Financial Realty, CIGA, Adjusted By, Cambridge Integrated Services for Fremont Compensation Insurance, in liquidation. The Workers' Compensation Appeals Board considered the allegations of the Petition for Reconsideration and found that it was untimely, as it was filed more than two years after the decision was issued. As a result, the Petition for Reconsideration was dismissed.

Guarantee Financial Realty; CIGA, Adjusted By, Cambridge Integrated Services For Fremont Compensation Insurance, In Liquidation, Marsha Kilgore WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARSHA KILGORE, Applicant,vs.    GUARANTEE FINANCIAL REALTY; CIGA, Adjusted By, CAMBRIDGE INTEGRATED SERVICES for FREMONT COMPENSATION INSURANCE, in liquidation, Defendants.Case No. FRE 0192129ORDER DISMISSINGPETITION FORRECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will dismiss the petition as untimely. Petitioner did not file in the office from which the decision issued (WCAB Rule 10840) within 25 days of the decision (20 days per Lab. Code §5903 plus 5 days for mailing per Code of Civil Procedure §1013).            As pointed out by the WCJ’s    Report, even if we assume that the petition for reconsideration was filed with the WCAB, the petition is dated October 30, 2007. This is more than two years after the WCJ’s    October 11, 2005 decision, so the petition is untimely and we have no jurisdiction to consider it. ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration is DISMISSED.    WORKERS’ COMPENSATION APPEALS BOARD____________________________________________    NEIL P. SULLIVANI CONCUR,____________________________________________  RONNIE G. CAPLANE____________________________________________  JAMES C. CUNEODATED AND FILED AT SAN FRANCISCO, CALIFORNIA  JAN 17    2008SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW ATTHEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:MARSHA KILGORESTOCKWELL HARRIS WIDOM & WOOLVERTONcsl FRE0192129

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