CINECOM COMPANY; STATE COMPENSATION INSURANCE FUND, TODD RIGIONE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATODD RIGIONE, Applicant,vs.CINECOM COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No.: ADJ218106 (VNO 0430348)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL Applicant seeks reconsideration or removal following the December 16, 2008 Order taking this matter off calendar based on the parties’joint request. The Minutes of Hearing also contained the language that “SCIF will pay $200.00 to Applicant for claims of out of pocket to date.” (At p. 2.) In his January 8, 2009 petition,1 applicant contends that the “Mandatory Settlement results of 12/16/08” were due to fraud or mistake. Applicant argues that his out-of-pocket expenses for various items total $6,300.00 and that defendant, through fraud or bilateral mistake, calculated the out-of-pocket expenses at $400.00. Thus, applicant argues that he was induced to accept settlement of $200.00 or 50 percent of his out-of-pocket expenses. Applicant requests that the settlement of out-of-pocket expenses be quashed. No Answer was filed. We have considered the allegations of applicant’s petition and the contents of the record, including the “Report and Recommendation on Petition for Removal/Reconsideration” (Report) 1With respect to timeliness, we note that section 5903 provides that petitions for reconsideration must be filed within days after service of the order contested, with an additional 5 days allowed where the decision 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.) Also, a similar requirement for timely filing applies to petitions seeking removal. (Cal. Code Regs., tit. 8, § 10843.) However, when the Board fails to serve a decision on a party, the time to petition for reconsideration begins to run no earli
Todd Rigione, vs. Cinecom Company; State Compensation Insurance Fund,
This case involves Todd Rigione, who filed a petition for reconsideration and removal following a December 16, 2008 Order taking the matter off calendar based on the parties' joint request. The Minutes of Hearing also contained the language that "SCIF will pay $200.00 to Applicant for claims of out of pocket to date." Rigione argued that his out-of-pocket expenses for various items totaled $6,300.00 and that defendant, through fraud or bilateral mistake, calculated the out-of-pocket expenses at $400.00. The Workers' Compensation Appeals Board dismissed Rigione's Petition for Reconsideration and denied removal, finding that the December 16, 2008 Order was not a final order subject to reconsideration and that there
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ218106
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