Saul Polomino-madrigal, (saul Palomino Madrigal) vs. Tri-city Linen Supply Co.; Travelers Insurance

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by lien claimant Superior Medical Surgical, Inc. The petition was dismissed as untimely, as it was filed one week beyond the 25-day time limit from the date of service of the April 22, 2010 Findings and Order. The Board found that the time limit for filing a petition for reconsideration is jurisdictional, and thus the Board lacked the power to grant an untimely petition.

Tri-City Linen Supply Co.; Travelers Insurance Saul Polomino-Madrigal, (Saul Palomino Madrigal) WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAUL POLOMINO-MADRIGAL, (SAUL PALOMINO MADRIGAL), Applicant,vs.TRI-CITY LINEN SUPPLY CO.; TRAVELERS INSURANCE, Defendant,Case No. ADJ1463130OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION             Lien claimant. Superior Medical Surgical. Inc. (lien claimant), seeks reconsideration of the Findings and tarder that issued in this case on April 22. 2010. wherein a workers’ compensation administrative law judge (WCJ) disallowed lien claimant’s lien in us entirety based on lack of expert medical opinion indicating an actual need for the medical equipment that lien claimant provided to applicant.            Lien claimant contends that the WCJ erred in disallowing its lien because it has a prescription from a treating physician prescribing the medical! equipment that it provided to applicant.            We have received an answer to the petition for reconsideration from defendant. The WCJ has Filed a Report and Recommendation on Petition for Reconsideration (Repon) in which he recommends that the petition for reconsideration be dismissed as untimely.            We have considered the allegations of the petition for reconsideration. However, based on our review of the record and the Report of the WCJ. 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 lime for filing may be extended five (5) days , for mailing (Code of Civ. Proc., §1013; WCAB Rule 10507). A peiition for reconsideration is turned filed on the day it was actually received at the 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)

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