Rosa Aqueveque vs. Culver City Unified School District

: The Culver City Unified School District and Rosa Aqueveque were involved in a workers' compensation case in which Aqueveque claimed she sustained industrial injury to her shoulder, neck, back, arm, psyche, and in the form of sleep disorder on May 6, 2006 (ADJ288239) and to her wrist during a cumulative period ending on May 8, 2006 (ADJ6852832). The case was resolved by way of a Compromise & Release approved on May 15, 2012. Lien claimants Galaxy Medical Center, Insomnia Medical Center, Westside Wilshire Medical, Vanguard Psychiatric, Tri Star Wilshire Ortho, and Pacific Orthopedic & Rehabilitation, all represented by Qualified Billing & Collections

Culver City Unified School District Rosa Aqueveque WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA AQUEVEQUE, Applicant,vs.CULVER CITY UNIFIEDSCHOOL DISTRICT, Defendant.Case No. ADJ288239 (MON 0344949)ADJ6852832(Marina del Rey District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimants Galaxy Medical Center, Insomnia Medical Center, Westside Wilshire Medical, Vanguard Psychiatric, Tri Star Wilshire Ortho, and Pacific Orthopedic & Rehabilitation, all represented by Qualified Billing & Collections, LLC, seek reconsideration of six Orders Dismissing Liens issued by a workers’ compensation administrative law judge (WCJ) on September 10, 2012. In this matter, in a Compromise & Release approved on May 15, 2012, in exchange for $70,000, applicant settled her claims that while employed as a teacher she sustained industrial injury to her shoulder, neck, back, arm, psyche, and in the form of sleep disorder on May 6, 2006 (ADJ288239) and to her wrist during a cumulative period ending on May 8, 2006 (ADJ6852832).            Lien claimants contend that the WCJ erred in dismissing their respective liens. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            We will dismiss the lien claimants’ Petition because it is untimely and because it is an improper successive petition.            Labor Code section 5903 mandates that a petition for reconsideration be filed “within 20 days after the service of any final order, decision, or award made and filed by the appeals board or a workers’ compensation judge.” If the award is served by mail, the time to petition for reconsideration is extended , by five days. (WCAB Rule 10507(a)(1); Cal. Code Regs., tit. 8, § 10507, subd. (a)(1).) Labor Code section 5900 makes clear that the Appeals Board has no discretion to entertain untimely petitions, and mandates that a petition shall be made “only within the time .

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