CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed defendant Pride Industries' Petition for Reconsideration because it was unverified. Labor Code section 5902 requires such petitions to be verified. Although a lack of verification is not jurisdictional, the WCAB can dismiss the petition if the defect is not cured after notice. In this case, the WCJ's report alerted the defendant to the defect, and they failed to file a verification or offer a compelling explanation for its absence within a reasonable time.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed defendant Pride Industries' Petition for Reconsideration because it was unverified. Labor Code section 5902 requires such petitions to be verified. Although a lack of verification is not jurisdictional, the WCAB can dismiss the petition if the defect is not cured after notice. In this case, the WCJ's report alerted the defendant to the defect, and they failed to file a verification or offer a compelling explanation for its absence within a reasonable time.
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