Michael Boone vs. California Department Of Transportation State Compensation Insurance Fund

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Michael Boone against the California Department of Transportation and the State Compensation Insurance Fund. The petition was dismissed as untimely, as it was not filed within 25 days of the decision. Furthermore, had the petition been timely filed, it would have been denied on the merits for the reasons stated in the WCJ's Report and Recommendation. The Board also noted that Boone's attorney had not complied with WCAB Rule 10778, which requires proof of service on the applicant of written notice of the attorney's adverse interest and of the applicant's right to seek independent counsel.

CALIFORNIA DEPARTMENT OF TRANSPORTATION STATE COMPENSATION INSURANCE FUND MICHAEL BOONE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL BOONE, Applicant,vs.CALIFORNIA DEPARTMENT OFTRANSPORTATION; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ7974582(Riverside District Office)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, we will dismiss the petition as untimely. The Findings and Award issued on February 27, 2014. Applicant’s attorney did not file the Petition for Reconsideration within 25 days of the decision (20 days per Labor Code section 5903, plus five 5 days for mailing per Code of Civil Procedure section 1013). Accordingly, the Petition for Reconsideration is untimely and must be dismisses.            Furthermore, had the petition been timely filed, we would have denied it on the merits for the reasons stated in the WCJ’s Report and Recommendation.            Finally, we note that applicant’s attorney contends he is entitled to an increased fee, but there is no showing that he complied with WCAB Rule 10778, which states: “All requests for an increase in attorney’s fee shall be accompanied by proof of service on the applicant of written notice of the attorney’s adverse interest and of the applicant’s right to seek independent counsel. Failure to so notify the applicant may constitute grounds for dismissal of the request for increase in fee.” (Cal. Code Regs., tit. 8, § 10778, WCAB Rules of Practice and Procedure.)/ / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________RONNIE G. CAPLANE        I CONCUR,        __________________

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