Rosa Diaz vs. Golden State West Valley Conyalescent Hospital; State Compensation Insurance Fund

In this case, the State Compensation Insurance Fund (SCIF) sought reconsideration of the workers’ compensation administrative law judge’s (WCJ's) May 8, 2007 Order based on the parties’ stipulation that defendant was to pay lien claimant Magnolia Park Chiropractic (Steve Settlagc, D.C.) the sum of S4.000.00 in full satisfaction of its lien in the amount of $5,540.85. However, SCIF's petition was untimely and was dismissed by the Workers' Compensation Appeals Board.

Golden State West Valley Conyalescent Hospital; State Compensation Insurance Fund Rosa Diaz WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSADIAZ, Applicant,vs.GOLDEN STATE WEST VALLEY CONYALESCENT HOSPITAL; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. MON 0317766OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant State Compensation Insurance Fund (SCIF) seeks reconsideration of the workers’ compensation administrative law judge’s (WCJ’s) May 8, 2007 Order based on the parties’ stipulation that defendant was to pay lien claimant Magnolia Park Chiropractic (Steve Settlagc, D.C.) the sum of S4.000.00 in full satisfaction of its lien in the amount of $5,540.85.In its petition, received June 4, 2007, SCIF contends that after the Order issued it realized that the dates of service for applicant’s chiropractic treatment were the liability of another carrier. SCIF argues that the lien was settled through inadvertent error and requests that the Order be rescinded. No Answer was filed.            As set forth below, defendant’s petition is untimely and must be dismissed.            We note that there are 20 days allowed in which to file a petition for reconsideration from a final decision which has been personally served on a party. (Lab. Code, §§ 5900, subd. (a), 5903, 5316; Cal. Code Regs, tit. 8, §§ 10500, 10505; sec Cal. Workers’ Compensation Practice (Cont.Ed.Bar 2007) § 21.20, p. 1614.) The time for filing a petition may be extended an additional five days if service is by mail. (Code Civ. Proc., § 1013; Cal. Code Regs, tit. 8, § 10507.) The time limit for filing a petition for reconsideration from a decision of a WCJ is set by Labor Code section 5903 and is jurisdictional. The Board lacks the power to grant an untimely , petition. (Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 (46 Cal.Comp.Cases 1008).) For a petition for reconsideration to be timely, it must have actually been received by the Appe

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