RALPH’S GROCERY COMPANY and SEDGWICK CLAIMS MANAGEMENT, VERONICA RODRIGUEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVERONICA RODRIGUEZ, Applicant,vs.RALPH’S GROCERY COMPANY andSEDGWICK CLAIMS MANAGEMENT, Defendant(s).Case No. ADJ4007294 (MON 0334145)ADJ2373036 (MON 0334144)ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimant Pacific Orthopedic and Rehabilitation Medical Center, Inc. (lien claimant) seeks reconsideration of the May 14, 2009 Findings of Fact and Order issued in this case. We have considered the allegations of the petition for reconsideration. However, based on our review of the record, and the Report and Recommendation of the workers’ compensation administrative law judge (WCJ) which we incorporate, 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 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.4h 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 official WCAB case file in this matter reflects that the Findings of Fact and
Veronica Rodriguez, vs. Ralph’s Grocery Company And Sedgwick Claims Management,
In this case, Pacific Orthopedic and Rehabilitation Medical Center, Inc. (lien claimant) sought reconsideration of the May 14, 2009 Findings of Fact and Order issued in the case between Ralph's Grocery Company and Sedgwick Claims Management, Veronica Rodriguez, and the Workers' Compensation Appeals Board. The petition for reconsideration was deemed filed on the day it was actually received at the WCAB office and not on the date it was deposited in the mail. However, the petition was found to be untimely and was dismissed.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4007294
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