Michael Jimenez vs. Sp Plus Security Services; Zurich American Insurance Company

This case is about Michael Jimenez, who was denied workers' compensation benefits by the Workers' Compensation Appeals Board. The defendant, SP Plus Security Services and Zurich American Insurance Company, sought reconsideration of the decision, but the petition was dismissed as it was untimely. The Board also admonished the defendant's attorney for filing a meritless petition and for her apparent lack of familiarity with the Appeals Board's Rules of Practice and Procedure.

SP PLUS SECURITY SERVICES; ZURICH AMERICAN INSURANCE COMPANY MICHAEL JIMENEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL JIMENEZ, Applicantvs.SP PLUS SECURITY SERVICES; ZURICHAMERICAN INSURANCE COMPANY, DefendantsCase No. ADJ8544680 (Los Angeles District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the March 5, 2014 Order wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition for Dismissal. In the Order, the WCJ stated: “Having received and reviewed the Petition for Dismissal dated February 10, 2014, the Petition is defective in that it was not served on the applicant. Furthermore, the address listed for the applicant on the AME appointment notices and the notice of intent to dismiss letter does not correspond to the official address record.”            Defendant, by “Petition for Consideration” dated September 25, 2014, contends that the WCJ erred in denying its Petition for Dismissal arguing that applicant has not appeared for AME appointments scheduled with Dr. Peter Newton and applicant’s attorney misidentified the AME.            We have not received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that defendant’s Petition be dismissed and that the Appeals Board consider sanctioning defendant’s counsel. We will dismiss defendant’s Petition for Reconsideration because it is untimely. We will also admonish defendant’s attorney for filing a meritless petition and for her apparent lack of familiarity with the Appeals Board’s Rules of Practice and Procedure. (Cal. Code Regs. tit. 8, § 10300 et. seq.)            To be timely, a petition for reconsideration must be filed and received by the Workers’ Compensation Appeals Board (the Board) within twenty days of the date the final order in question issued, plus an additional five days if service of the decision is made by ma

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