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Enriqueta Sanchez vs. Carism Incorporated, Dba Mary Maids; Zurich North America Insurance Company

Carism Incorporated, Dba Mary Maids; Zurich North America Insurance Company Enriqueta Sanchez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAENRIQUETA SANCHEZ, Applicant,vs.CARSIM INCORPORATED, DBA MARY MAIDS; ZURICH NORTH AMERICA INSURANCE COMPANY, Defendants.Case No. ADJ6673117OPINION AND ORDER DISMISSING RECONSIDERATION            We have considered the allegations of the petition for reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Report and Recommendation. However, based on our review of the record, 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 appropriate 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.4th 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 petition in this matter was filed on August 26, 2011, more than 25 days after filing and service of the WCJ’s decision on June 3,2011. ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and the same hereby is


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