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Ernest Holmes vs. The Huntington Group Sedgwick Cms

THE HUNTINGTON GROUP SEDGWICK CMS ERNEST HOLMES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST HOLMES, Applicant,vs.THE HUNTINGTON GROUP; SEDGWICKCMS, Defendants.Case No. ADJ4132514 (SAC 0199422)ORDER DISMISSINGPETITION FORRECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in said Report which we adopt and incorporate, we will dismiss the Petition as untimely. The “Finding of Fact and Conclusion of Law” issued on April 18, 2014. Applicant did not file the Petition for Reconsideration within 25 days of the decision (20 days per Labor Code section 5903, plus 5 days for mailing per Code of Civil Procedure section 1013). Accordingly, the Petition for Reconsideration is untimely and must be dismissed.            Furthermore, for the reasons stated in the WCJ’s Report, we would have denied the Petition on the merits even if it had been timely-filed./ / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________DEIDRA E. LOWE        I CONCUR,        _____________________________________________MARGUERITE SWEENEY        _____________________________________________FRANK M. BRASS        DATED AND FILED AT SAN FRANCISCO, CALIFORNIA                JUL 18 2014    SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ERNEST HOLMESMULLEN & FILIPPISACRAMENTO COUNTY DCSSSEDGWICKebc ADJ4132514


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