Pompeyo Castilla vs. Sugar Bowl Bakery; Oak River Insurance Company

SUMMARY: Pompeyo Castilla (applicant) sought reconsideration of the Order Approving Compromise and Release (Order) issued in this case by a workers’ compensation administrative law judge (WCJ) on July 8, 2010. The WCJ approved settlement of applicant's claim of injury arising out of and occurring in the course of his employment to his back and nervous system while employed on December 26, 2007. by Sugar Bowl Bakery (defendant) for the gross amount of $75,000.00. The petition for reconsideration was filed on August 30, 2010, approximately one month late, and was dismissed as untimely.

Sugar Bowl Bakery; Oak River Insurance Company Pompeyo Castilla WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPOMPEYO CASTILLA, Applicant,vs.SUGAR BOWL BAKERY; OAK RIVER INSURANCE COMPANY, Defendant(s).Case No. ADJ4709951 (SFO 0511409)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Popcyo Castilla (applicant) seeks reconsideration of the Order Approving Compromise andRelease (Order) issued in this case by a workers’ compensation administrative law judge (WCJ) on July S, 2010. By that Order, the WCJ approved settlement of applicant’s claim of injury arising out of and occurring in the course of his employment to his back and nervous system while employed on December 26. 2007. by Sugar Bowd Bakery’ (defendant) for the gross amount of $75,000.00. less credit in the amount of $13,576.57 for permanent disability advances paid to applicant, and less SI 1,259.00. to be withheld by defendant to cover the lien claims of applicant’s former attorneys.            Applicant contends in essence that the WCJ erred in issuing the Order because the amount of the settlement is too low. Applicant claims that he was forced into the settlement by defendant’s ‘take it or leave it” offer.            We have considered the allegations of the petition for reconsideration. We have received a report and recommendation on petition for reconsideration (Report) from the WCJ. Defendant has filed an answer to the petition for reconsideration and an addendum to the answer. On September 13. 2010, applicant submitted a letter addressed to the Presiding Workers’ Compensation Judge (PWCJ) complaining about the Order. In addition, applicant filed an objection to the WCJ’s , Report. Based upon our review of the record, however, it appears the petition is untimely and must he dismissed.            Labor Code section 5903 allows twenty (20) days after sen ice of a final order, decision, or award to file a petition for reconsideration, and the time for filing may he extended f

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