B & B Doors & Windows, Inc.; Praetorian Insurance Company c/o American ALl Risk Loss Administrators Pedro Serrato WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO SERRATO, Applicantvs.B & B DOORS & WINDOWS, INC.; PRAETORIAN INSURANCE COMPANYC/O AMERICAN ALL RISK LOSS ADMINISTRATORS, Defendant(s).Case No. ADJ2544321 (VNO 0546971)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND ORDER CORRECTING CLERICAL ERROR Defendant seeks correction of a clerical error in or reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on August 26, 2009. In that decision, the WCJ found, as relevant here, that lien claimant Pacific Ortho & Rehabilitation (hereafter “lien claimant”) was entitled to reimbursement in the amount of $12,425.48, less credit for sums paid, on its lien of $35,544.31. Applicant’s underlying claim for industrial injury to his back and claimed injury to his waist on May 12, 2007, while working as a carpenter, was resolved by way of Compromise and Release on February 25, 2008, in the amount of $9,500.00. As set forth below, defendant’s petition is untimely and must be dismissed. There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon a party at an address in California. (Lab. Code, §§ 5900(a), 5903, 5316; Cal. Code Regs, tit. 8, § 10507; Code Civ. Proc., § 1013.) Pursuant to Court Administrator Rule 10230, subdivision (a) (Cal. Code Regs., tit. 8, § 10230, subd. (a)), documents which are filed by mail are deemed to have been filed on the date that they arereceived by this Board. For a petition for reconsideration to be timely, it must have actually been , received by the Appeals Board within the statutory period. (See County of Lake v. Workers’ Comp. Appeals Bd. (Helbush) (1984) 49 Cal.Comp.Cases 627 (writ denied); Harvey v. Workers’ Comp. Appeals Bd. (1979) 44 Cal.Comp.Cases 165 (writ den
Pedro Serrato vs. B & B Doors & Windows, Inc.; Praetorian Insurance Company C/o American ALl Risk Loss Administrators
In this case, Pedro Serrato, an employee of B & B Doors & Windows, Inc., filed a claim for industrial injury to his back and claimed injury to his waist on May 12, 2007. The claim was resolved by way of Compromise and Release on February 25, 2008, in the amount of $9,500.00. The defendant, Praetorian Insurance Company, sought correction of a clerical error in or reconsideration of the Findings and Award issued by a workers' compensation administrative law judge (WCJ) on August 26, 2009. The WCJ found that lien claimant Pacific Ortho & Rehabilitation was entitled to reimbursement in the amount of $12,425.48, less credit for
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ2544321
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