Paneno

Applicant, Frank J. Paneno, sustained an industrial injury to both knees during his employment as a hearing representative by Wausau Insurance Company (Wausau). The workers’ compensation judge (WCJ) found that, after apportionment to preexisting disability, applicant is 13 percent permanently disabled as a result of the industrial injury. The WCJ also found applicant does not need further medical treatment to cure or relieve him from the effects of the industrial injury. On February 27, 1991, respondent Workers’ Compensation Appeals Board (WCAB) denied applicant’s petition for reconsideration. The WCAB served its order on applicant by mail that same date.

On April 18, 1991, applicant filed a petition for writ of review. He contends, among other things, that the WCAB erred in denying him further medical treatment.

Wausau and its workers’ compensation insurer, Sentry Insurance Company, acknowledge the petition was timely under this court’s holding in Villa v. Workers’ Comp. Appeals Bd. (1984) 156 Cal.App.3d 1076 [ 203 Cal.Rptr. 26 ] that Code of Civil Procedure section 1013 extends the time for filing a petition for writ of review when the WCAB’s decision has been served…