Trinidad Abellan vs. Chanel, Inc.,

This case involves a dispute between Trinidad Abellan and her employer, Chanel, Inc. Abellan was injured while employed by Chanel on April 29, 2000 and February 13, 2001. She received surgery on May 1, 2001 and temporary disability was paid until March 2002. The Workers' Compensation Appeals Board found that Chanel violated Labor Code section 132a with regard to termination of Abellan on April 2, 2002 and awarded increased compensation. The Board also ordered further development of the record on the issues of reinstatement, lost wages and work benefits, and expenses not to exceed $250.00. Chanel filed a petition for reconsideration, but it was found to be untimely and was dismissed.

Chanel, Inc., Trinidad Abellan WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRINIDAD ABELLAN, Applicant,vs.CHANEL, INC., Defendant(s).Case No. LAO 0789191; LAO 0794857OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATIONDefendant seeks reconsideration of the “Findings & Award (Labor Code § 132a) Order To Develop Record” issued by a workers’ compensation administrative law judge (WCJ) on May 16, 2007. In his decision, the WCJ found, pursuant to the parties’ stipulations, that applicant, while employed on both April 29, 2000 and February 13, 2001, sustained industrial injury to her low back and right ring finger; that applicant received surgery on May 1, 2001; and that temporary disability was paid until March 2002. The WCJ also found that defendant violated Labor Code section 132a with regard to termination of applicant on April 2, 2002, and awarded increased compensation pursuant to Labor Code section 132a. The WCJ also ordered further development of the record on the issues of reinstatement; lost wages and work benefits; and expenses not to exceed $250.00.            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.) Where the 25th day falls on a weekend or holiday, the petition for reconsideration may properly be filed on the next business day. (Code Civ. Proc., §§ 10, 12, 12a, 12b. 13; Gov. Code §§ 6700, 6706, 6707; Alford v. Indus. Acc. Com. (1946) 28 Cal.2d 198 [11 Cal.Comp.Cases 127, 128].) , The ume limit for filing a petition for reconsideration from a decision of a WCJ is set by Labor Code section 5903 and is jurisdictional. Pursuant to Board Rule 10390 (Cal. Code Regs., tit. 8, § 10390), documents which are filed by mail are deemed to hav

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