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