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MARTEL GRIMM vs. FEATHER RIVER INN; STATE COMPENSATION INSURANCE FUND

FEATHER RIVER INN; STATE COMPENSATION INSURANCE FUND MARTEL GRIMM WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTEL GRIMM, Applicant,vs.FEATHER RIVER INN; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3741093 (RDG 0111119)ORDER DISMISSING PETITION FOR RECONSIDERATION            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 decision issued on July 31, 2012. 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. The time limit for filing a petition for reconsideration is jurisdictional so that the Appeals 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’ v. Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979 [46 Cal.Comp.Cases 1008].)            Furthermore, had the petition been timely-filed, for the reasons stated by the WCJ in the Report, which we adopt and incorporate, we would deny on the merits.//////////// ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration of the decision of July 31, 2012 be, and the same hereby is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________DEIDRA E. LOWEI CONCUR,_______________________________________________  FRANK M. BRASS_______________________________________________  ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIA

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