A & C FARMS ICW GROUP INSURANCE COMPANY RAFAEL GUERRERO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL GUERRERO, Applicant,vs.A & C FARMS; ICW GROUP INSURANCECOMPANY, Defendants.Case No. ADJ8798861(Salinas District Office)OPINION AND DECISIONAFTER RECONSIDERATION On November 25, 2013, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the September 23, 2013 Amended Findings and Award to further study the factual and legal issues. This is our Decision After Reconsideration. The September 23, 2013 Amended Findings and Award issued after the WCJ issued an Order Vacating a July 1, 2013 Findings and Award pursuant to California Code of Regulations, title 8, section 10859. The WCJ issued the Order Vacating the Findings and Award on July 30, 2013 in response to a letter from the Employment Development Department (EDD) dated July 3, 2013 and received on July 5, 2013. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. The WCJ prepared a Report on Recommendation (Report), recommending that we deny reconsideration. For the reasons stated below, we will dismiss defendant’s petition for reconsideration as it was not timely filed from the July 1, 2013 Findings and Award. California Code of Regulations, title 8, section 10859 states that “a workers’ compensation judge may, within a period of fifteen (15) days following the date of filing of that Petition for Reconsideration, amend or modify the order, decision or award or rescind the order, decision and award and conduct , further proceedings.” In this case, it is not clear that EDD’s July 3, 2013 letter is a Petition for Reconsideration.1 Even if it were a Petition for Reconsideration, the WCJ did not issue the 10859 Order within 15 days of EDD’s letter. Therefore, the July 30, 2013 10859 Order is void and the September 23, 2013 Amended Findings and Award has no force and effect.
