99 Cent Only Stores, Inc.; Sedgwick Claims Management Services Sheridan Reed WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERIDAN REED, Applicant,vs.99 CENT ONLY STORES, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. ADJ7231344ADJ7231347ADJ7231403OPINION AND ORDERS DISMISSING RECONSIDERATION AND DENYING REMOVAL We have considered the allegations of the petition for reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Report and Recommendation. However, based on our review of the record, it appears the petition is untimely and must be dismissed. Labor Code section 5903 allows twenty (20) days after service of a final order, decision, or award to file a petition for reconsideration, and the time for filing may be extended five (5) days for mailing (Code of Civ. Proc., § 1013; WCAB Rule 10507). A petition for reconsideration is deemed filed on the day it was actually received at the appropriate WCAB office and not on the date it was deposited in the mail. (Valle v. Workers’ Comp. Appeals Bd. (1973) 38 Cal.Comp.Cases 468 (writ denied); Oliver v. Structural Services and Zenith National Ins. Co. (1978) 43 Cal.Comp.Cases 596; (Appeals Board Panel Opinion); County of Lake v. Workers’ Comp. Appeals Bd. (Helbush) (1984) 49 Cal.Comp.Cases 627 (writ denied). The time limit for filing a petition for reconsideration is jurisdictional so that the Board lacks the power to grant an untimely petition. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 65 Cal.Comp.Cases 650; Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 46 Cal.Comp.Cases 1008.) , The petition in this matter was filed on January 31, 2011, more than 25 days after filing and service of the WCJ’s decision on January 3, 2011. In addition, a petition for reconsideration is properly taken only from a “final” order, decision, or
Sheridan Reed vs. 99 Cent Only Stores, Inc.; Sedgwick Claims Management Services
This case involves a petition for reconsideration and removal filed by Sheridan Reed against 99 Cent Only Stores, Inc. and Sedgwick Claims Management Services. The petition was found to be untimely and was dismissed. The removal was also denied due to lack of substantial prejudice or irreparable harm.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7231344
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