Massoud Kaabinejadian, vs. Rabobank, N.a., Administered By Chubb

This case involves a dispute between Massoud Kaabinejadian, the applicant, and Rabobank, N.A., administered by Chubb, the defendant. The applicant filed a petition for reconsideration of a workers' compensation administrative law judge's ("WCJ") Notice & Order of June 2, 2009, which deferred action to a mandatory settlement conference or trial as to evidentiary matters and as to contempt/sanctions allegations. The WCAB granted reconsideration and ordered the applicant to provide a file-stamped copy of the petition for reconsideration. It appears that the applicant did not file his petition for reconsideration until July 8, 2009, which was beyond the 20-day limit set forth in Labor Code § 5903. The

RABOBANK, N.A., Administered By CHUBB MASSOUD KAABINEJADIAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMASSOUD KAABINEJADIAN, Applicant,vs.RABOBANK, N.A., Administered By CHUBB, Defendants.Case No. ADJ2511551 (SBR 0334329)OPINION AND DECISION AFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, and in order to provide the applicant an opportunity to show that he had timely filed a petition for reconsideration, on July 13, 2009, we granted reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Notice & Order of June 2, 2009. The Notice & Order of June 2, 2009 stated, in pertinent part, as follows:       “It is hereby ordered: Further action is deferred to [mandatory       settlement conference] or trial as to evidentiary matters and as to       contempt/sanctions allegations. Issues raised require hearing.       QME examination should proceed in accordance with prior rulings       herein without prejudice to final ruling on issues raised by       applicant.”            We initially received notice that the applicant may have filed a petition for reconsideration when we received a Report and Recommendation on Petition for Reconsideration/Removal from the WCJ, wherein the WCJ wrote as follows:       “Apparently a Petition for Reconsideration has been submitted by       applicant through fax addressed to the Information & Assistance       Office challenging an order issued by the WCJ on 6/2/09. This       petition has not been provided to the WCJ and cannot be located.       However, the defense has filed an Answer to the Petition. The       order of 6/2/09 directed the applicant to attend a panel Qualified       Medical Examination in connection with his disputed psychiatric       injury. It also deferred the setting of an MSC until completion of ,        this examination. Applicant is hereby advised that the WCJ does       not have his Petition for Reconsideration.       The WCJ has

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