MARVIN TU vs. NYPRO; NEW HAMPSHIRE INSURANCE COMPANY

& ADJ6960230: The Workers' Compensation Appeals Board denied and dismissed the Petition for Reconsideration filed by Marvin Tu against NYPRO and New Hampshire Insurance Company for the Findings and Award in ADJ7563024 and ADJ6960230, respectively, due to the petition being untimely.

NYPRO; NEW HAMPSHIRE INSURANCE COMPANY MARVIN TU WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARVIN TU, Applicant,vs.NYPRO; NEW HAMPSHIRE INSURANCE COMPANY, Defendants.Case Nos. ADJ7563024ADJ6960230(San Diego District Office)ORDERS DENYING AND DISMISSING PETITIONS FOR RECONSIDERATION            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 said report which we adopt and incorporate, we will deny reconsideration.            We further note that although the WCJ’s Report addresses the Findings and Award in ADJ7563024, applicant, by letter dated September 6, 2012, apparently seeks reconsideration of the Findings and Award in ADJ6960230 as well. To the extent applicant’s letter may be treated as a petition for reconsideration in ADJ6960230, we will dismiss the petition as untimely because it was submitted more than 25 days after the Findings and Award in ADJ6960230 was served on July 17, 2012. When the time to file a petition for reconsideration expires, the underlying order or decision becomes final and the Board lacks jurisdiction to change it. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal. Comp. Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal. Comp. Cases 1008].)/ / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration in ADJ7563024 be, and it hereby is, DENIED.            IT IS FURTHER ORDERED that said Petition for Reconsideration in ADJ6960230 be, and it hereby is, DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________FRANK M. BRASSI CONCUR,_______________________________________________  RONNIE G. CAPLANE_______________________________

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