Southern Wine & Spirits Patricia C. Evans WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA C. EVANS, Applicant,vs.SOUTHERN WINE & SPIRITS, Defendants,Case No. ANA 0308440OPINION AND ORDER DISMISSING RECONSIDERATION We have considered the allegations of the petition for reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Report and Recommendation. However, based on our review of the record, it appears the petition is untimely and must be dismissed. Labor Code section 5903 allows twenty (20) days after service of a final order, decision, or award to file a petition for reconsideration, and the time for filing may be extended five (5) days for mailing (Code of Civ. Proc., §1013; WCAB Rule 10507). A petition for reconsideration is deemed filed on the day it was actually received at the appropriate WCAB office and not on the date it was deposited in the mail. (Valle v. Workers’ Comp. Appeals Bd. (1973) 38 Cal.Comp.Cases 468 (writ denied); Oliver v. Structural Services and Zenith National Ins. Co. (1978) 43 Cal.Comp.Cases 596; (Appeals Board Panel Opinion); County of Lake v. Workers’ Comp. Appeals Bd (Helbush) (1984) 49 Cal.Comp.Cases 627 (writ denied). The time limit for filing a petition for reconsideration is jurisdictional so that the Board lacks the power to grant an untimely petition. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4ft 1068, 65 Cal.Comp.Cases 650; Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Scott v. Workers Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 46 Cal.Comp.Cases 1008.) The petition in this matter was filed on May 31, 2007, more than 25 days after filing and service of the WCJ’s decision on May 1, 2007. , For the reasons stated by the WCI in her Report and Recommendation which we adopt and incorporate herein, we find applicant’s petition untimely. Accordingly, we have no jurisdiction to act on it. However, we have reviewed the
Patricia C. Evans vs. Southern Wine & Spirits
In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Patricia C. Evans against Southern Wine & Spirits. The petition was found to be untimely, as it was filed more than 25 days after the filing and service of the WCJ's decision. The Board also found that, if the petition were deemed timely, it would have been denied on the merits for the reasons stated by the WCJ in her Report.
- Filed On:
- Court: Anaheim, California
- Case No. ANA0308440
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