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Xuan Phan vs. Codan Medlon, Inc. National Liability And Fire Insurance; Chubb Group

Codan Medlon, Inc. National Liability And Fire Insurance; Chubb Group Xuan Phan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAXUAN PHAN, Applicant,vs.CODAN MEDLON, INC. NATIONAL LIABILITY AND FIRE INSURANCE; CHUBB GROUP, Defendants.Case Nos. ADJ3850663 (ANA 0397609) ADJ1139287 (ANA 0397534)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Applicant, in pro per, seeks reconsideration of the Joint Order Approving Compromise and Release, issued June 23, 2011, wherein the workers’ compensation administrative law judge (WCJ) approved the resolution of applicant’s claim for workers’ compensation benefits in exchange for payment of $20,000.00.            Applicant contends that the Joint Order Approving Compromise and Release should be set aside arguing that the settlement amount was not “reasonable compensation.” Applicant further argues that she was “not mentally capable of having made a decision on the Trial date of June 23, 2011.” Defendant filed a verified Answer noting that “applicant and her attorney were personally served with the Compromise and Release and Order Approving Compromise and Release on June 23, 2011.”            Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s Petition for Reconsideration because it is untimely.            At the outset, we note that there are 20 days allowed in which to file a petition for reconsideration from a final decision which has been personally served (Lab. Code §§ 5900(a), 5903). The time limit set by Labor Code section 5903 for filing a petition for reconsideration is jurisdictional and the Appeals Board lacks the power to grant an untimely petition. (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). The , WCJ’s Joint Order Approving Compromise and Release was issued June 23, 2011 and personally served on applicant on that date. Applicant’s petition was filed Au


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