CLASSIFIED PRIVATE SECURITY, INC.; STATE COMPENSATION INSURANCE FUND, SIMEON A. MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASIMEON A. MARTINEZ, Applicant,vs.CLASSIFIED PRIVATE SECURITY, INC.;STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4690310 (LAO 0847643)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the June 17, 2009 Order Approving Compromise and Release (OACR) issued by a workers’ compensation administrative law judge (WCJ). In that decision, the WCJ approved the Compromise and Release (C&R) agreement and awarded applicant the sum of $37,500, the full amount of the C&R. As set forth below, applicant’s petition is untimely and must be dismissed. There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon a party at an address in California. (Lab. Code, §§ 5900, subd. (a), 5903, 5316; Cal. Code Regs, tit. 8, § 10507; Code Civ. Proc., § 1013.) 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. When the time to file a petition for reconsideration expires, the underlying order or decision becomes final and the Board lacks the power to change it. (Scott v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008].) In this case, defendant was designated to serve the June 17, 2009 OACR. Allowing five days for mailing, the 25th day after the WCJ’s decision was July 7, 2009. However, applicant did not file his Petition for Reconsideration until September 22, 2009, 77 days beyond the time , allowed by statute for filing a petition. Thus, applicant’s petition was not timely filed and must be dismissed. In his Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that he issued a Notice of his intention to rescind the OACR on Se
