Circuit City Stores; Metro Risk Management Wilfredo Juarez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILFREDO JUAREZ, Applicant,vs.CIRCUIT CITY STORES; METRO RISK MANAGEMENT, Defendants.Case No. ADJ6742798(Marina del Rey District Office)ORDER DISMISSING PETITIONS FOR RECONSIDERATION Lien claimants, Transtar Translations and Dara Saghafi, M.D., have each filed separate petitions seeking reconsideration of the separate orders issued by the workers’ compensation administrative law judge (WCJ) on November 2, 2012, by which the WCJ dismissed each of their liens based on their respective failures to appear at the August 1, 2012 lien conference. In their respective petitions, each lien claimant contends that: (1) the dismissal order does not indicate whether the dismissal was with or without prejudice; (2) the dismissal order does not indicate that defendant made any attempts to contact lien claimant, who had a representative available by phone with full settlement authority as required by WCAB Rule 10562 (Cal. Code Regs., tit. 8, § 10562); and (3) lien claimant has no record of receiving the declaration of readiness, the notice of the lien conference, or the notice of intent to dismiss. We have considered the allegations of the two petitions and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, we will dismiss both petitions as untimely. A party has twenty-five days within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5902, 5903; Cal. Code Regs., tit. 8, § 10507(a)(1).) These time limits are jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsid
Wilfredo Juarez vs. Circuit City Stores; Metro Risk Management
This case involves two lien claimants, Transtar Translations and Dara Saghafi, M.D., who each filed separate petitions seeking reconsideration of the separate orders issued by the workers' compensation administrative law judge (WCJ) on November 2, 2012, by which the WCJ dismissed each of their liens based on their respective failures to appear at the August 1, 2012 lien conference. The Workers' Compensation Appeals Board dismissed both petitions as untimely, as they were filed after the 25-day deadline. The Board also noted that the notice of the lien conference was properly mailed to each of the lien claimants, and that a bare declaration of non-receipt is insufficient to overcome proof of
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ6742798
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