CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the petitioner's Petition for Reconsideration because it was unverified, a mandatory requirement under Labor Code section 5902. The petitioner was put on notice of this defect by both the WCJ and the defendant, but failed to cure it or provide a compelling explanation within a reasonable time. The Board also admonished applicant's attorney for filing a petition containing demonstrably false statements regarding notice of hearings and receipt of the applicant's file, which violated Labor Code section 5813. Had the petition not been dismissed for lack of verification, it would have been denied on the merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the petitioner's Petition for Reconsideration because it was unverified, a mandatory requirement under Labor Code section 5902. The petitioner was put on notice of this defect by both the WCJ and the defendant, but failed to cure it or provide a compelling explanation within a reasonable time. The Board also admonished applicant's attorney for filing a petition containing demonstrably false statements regarding notice of hearings and receipt of the applicant's file, which violated Labor Code section 5813. Had the petition not been dismissed for lack of verification, it would have been denied on the merits.
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