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Tara Bui vs. Power Staff, Inc. Dba Superior Care Medical Center; Southern Insurance Company, Administrative By First Comp.

Power Staff, Inc. dba Superior Care Medical Center; Southern Insurance Company, Administrative by First Comp. Tara Bui WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATARA BUI, Applicant,vs.POWER STAFF, INC. dba SUPERIOR CARE MEDICALCENTER; SOUTHERN INSURANCE COMPANY,Administrative by FIRST COMP., Defendants.Case No. ADJ7462208 (Anaheim District Office)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, we will dismiss the petition as untimely. The Findings and Order issued on November 19, 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). In this regard, we note that petitioner does not allege that on account of her incarceration, she failed to receive timely service of the Findings and Orders at the time they were issued. Accordingly, the Petition for Reconsideration is untimely and must be dismissed.            Furthermore, even if the petition had been timely-filed, we would have denied it on the merits for the reasons stated in the WCJ’s Report. As to the merits, we extend to the WCJ’s finding on credibility the great weight to which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500].)/ / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________FRANK M. BRASSI CONCUR,_________________________________________    ALFONSO J. MORESI_________________________________________    MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA    JUN 13 2013SERVICE MADE ON TH


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