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JUAN GONZALEZ vs. VALLEY HEAT TREATING, INC.; LIBERTY MUTUAL INSURANCE CO.

VALLEY HEAT TREATING, INC.; LIBERTY MUTUAL INSURANCE CO. JUAN GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN GONZALEZ, Applicant,vs.VALLEY HEAT TREATING, INC.; LIBERTY MUTUAL INSURANCE CO., Defendants.Case No. ADJ4158118 (ANA 0401869)(Pomona District Office)OPINION AND ORDER DISMISSING PETITION FOR 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 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 den.); 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 den.) 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.) ,             In this case, the decision in question was personally served on the parties so that there is no extension of five (5) days for mailing. (Strom v. Workers’ Comp. Appeals Bd. (1998) 63 Cal. Comp. Cases 1309, writ den.) The petition in this matter was filed on September 13, 2012, more than 20 days after filing and service

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