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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1006613 (RDG 125741)
Regular
Oct 29, 2009

RUBEN GOMEZ vs. CASA CARLOS, EVEREST NATIONAL INSURANCE COMPANY by SPECIALTY RISK SERVICES

The petition for reconsideration is untimely and must be dismissed, also the petition is not verified in violation of Labor Code section 5902.

Petition for ReconsiderationTimelinessDismissalLabor Code Section 5903JurisdictionalVerificationLabor Code Section 5902Report and RecommendationWCJFindings and Order
References
8
Case No. ADJ1462284
Regular
Dec 09, 2013

ESEQUIEL TREVISO vs. VISTA VALENCIA GOLF COURSE aka AMERICAN GOLF; CIGA; SEDGWICK CMS for LEGION INSURANCE, in liquidation

This case involves a Petition for Reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because the petitioner was not an aggrieved party and the petition was not properly verified. The dismissal is based on California Labor Code sections 5900, 5903, and 5902.

Petition for ReconsiderationAggrievedUnverifiedDismissalWorkers' Compensation Appeals BoardLab. CodeAdministrative Law JudgeReport and RecommendationLiquidationCIGA
References
0
Case No. ADJ7386140
Regular
Feb 08, 2013

BALDOMERO ZARAGOZA vs. STEEL ESCRAPES, TRISTAR RISK MANAGEMENT

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration filed by lien claimant Universal Copy. The dismissal is based on the petition's failure to be verified, which violates Labor Code section 5902. This procedural defect renders the petition invalid, necessitating its dismissal.

Petition for ReconsiderationDismissalVerifiedLabor Code Section 5902Lien ClaimantUniversal CopySmith v. Workers' Comp. Appeals Bd.Significant Panel DecisionBaldomero ZaragozaSteel Escrapes
References
1
Case No. ADJ8578838
Regular
Jan 31, 2014

CHASE HAYES vs. THE VONS COMPANIES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Chase Hayes's Petition for Reconsideration due to a lack of verification, a violation of Labor Code section 5902. The WCAB stated that even if the petition had been properly verified, it would have been denied on its merits. Therefore, the WCAB ordered the dismissal of the petition.

Petition for ReconsiderationNot VerifiedLabor Code Section 5902DismissalWCJ ReportAdopt and IncorporateDenied on MeritsWorkers' Compensation Appeals BoardSelf-InsuredApplicant
References
2
Case No. ADJ8752928
Regular
Feb 23, 2016

BRAD MITCHELL vs. MARILYN GREENBERG LOAN ACCOUNTS, AAA NORTHERN CALIFORNIA INSURANCE EXCHANGE, administered by TRISTAR RISK MANAGEMENT

This case is dismissed because the Applicant's Petition for Reconsideration was unverified, violating Labor Code section 5902 and related regulations. The Applicant was given notice of this defect and a reasonable time to cure it, but failed to do so. Additionally, the petition lacked the required proof of service. If not for the procedural defect, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionVerification RequirementLabor Code Section 5902Lucena v. Diablo Auto BodySignificant Panel DecisionWCJ ReportProof of ServiceLabor Code Section 5905Workers' Compensation Appeals Board
References
1
Case No. ADJ7447658
Regular
Jan 16, 2015

CBCILIA MOY vs. OMNI HOTELS, GALLAGHER BASSETT

In this workers' compensation case, the Applicant's Petition for Reconsideration was dismissed by the Appeals Board. The dismissal was based on the petition's failure to meet the verification requirement mandated by Labor Code section 5902. The Board further noted that even if the petition had been properly verified, it would have been denied on its merits based on the WCJ's report.

Petition for ReconsiderationVerificationLabor Code section 5902DismissalReport and RecommendationWCJSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.Workers' Compensation Appeals BoardOMNI HOTELS
References
2
Case No. ADJ10245654
Regular
Feb 20, 2018

ERNESTO NAJERA vs. GENERAL WAX COMPANY, INC., TRAVELERS PROPERTY OF CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Ernesto Najera's Petition for Reconsideration because it was not verified, as required by Labor Code section 5902. The WCJ's report notified the applicant of this defect, but it was not cured within a reasonable time. The Board noted that if not dismissed for procedural defect, the petition would have been denied on the merits.

Petition for ReconsiderationUnverified PetitionVerification DefectLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyNotice of DefectCure DefectCompelling ReasonAdministrative Law Judge Report
References
1
Case No. ADJ7148345
Regular
Mar 04, 2011

MICHAEL KELLEY vs. GREEN WASTE CONNECTIONS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Kelley's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if it had been verified, the petition would have been denied on its merits based on the administrative law judge's report. Therefore, the petition is formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial on the MeritsADJ7148345Green Waste Connections
References
2
Case No. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
2
Case No. ADJ8597986 ADJ8734785
Regular
Jun 30, 2014

JESUS HERNANDEZ vs. MAGIC LAUNDRY SERVICES, BARRETT BUSINESS SERVICES, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not properly verified as required by Labor Code section 5902. Even if verified, the Board would have denied the petition on its merits based on the WCJ's report, which they adopted. The Board also deferred to the WCJ's credibility findings. Therefore, the petition was dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWCJCredibilityAdjudicatedIncorporatedMcCready v. WCAB
References
3
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