Hicks, Kenneth

Applicant Kenneth Hicks sustained a low back injury on October 3, 1998, while working as a Missile Mechanic for permissibly self-insured Lockheed Martin, and the case settled by Stipulated Award in 2001. Applicant allegedly filed a Petition to Reopen for new and further disability dated June 17, 2003, with an attached proof of service showing service on the WCAB, defense counsel, and the claims administrator. Defendant petitioned for reconsideration of the WCJ's finding that the petition to reopen was not barred by the statute of limitations, arguing it rebutted the proof of service and showed the petition was never actually served. The Board denied reconsideration, holding that defendant failed to rebut the Evidence Code section 641 presumption of receipt because it presented no evidence about how documents were received and handled in 2003, and critically failed to show the Appeals Board itself did not receive the petition. Because the Appeals Board destroyed its file and could neither confirm nor deny receipt, the presumption of receipt following mailing remained in effect, and the petition was deemed timely filed within the five-year period.