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

Case No. ADJ8686864
Regular
Dec 23, 2015

JOSE MOLLINEDO vs. STARLINE TOURS OF HOLLYWOOD, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, SPARTA INSURANCE, AMERICAN CLAIMS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was unverified. Labor Code section 5902 mandates verification, and precedent allows dismissal for unverified petitions that are not cured or adequately explained after notice. The applicant failed to cure the defect or provide a compelling reason for its absence within a reasonable time. Therefore, the Board dismissed the petition.

Petition for ReconsiderationVerification defectLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodyDismissalWCJ reportLien claimant
References
Case No. ADJ6798366; ADJ6798362; ADJ6798429
Regular
Dec 28, 2012

JUAN MANUEL MENDIETA vs. HIGH END KNITWEAR INC.; ILLINOIS MIDWEST

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified, violating Labor Code section 5902. The lien claimant argued the WCJ erred by dismissing their lien without a hearing, claiming they never received notice. However, the Board found the unverified nature of the petition to be dispositive. Even if the petition had been verified, it would have been denied on the merits based on the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing PetitionLien ClaimantJoint Order Dismissing LienNotice of Intention to DismissUnverified PetitionLabor Code section 5902Due Process RightsWCJ
References
Case No. ADJ7403543
Regular
Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it sought to challenge a notice of intent to dismiss, not a final order, and was unverified. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the applicant's attorney. This action is due to the filing of a frivolous and unverified petition without merit. Sanctions will be imposed unless the attorney demonstrates good cause to the contrary.

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813
References
Case No. ADJ6903618
Regular
Apr 25, 2013

BRANSON WILLIAMS vs. SECURITAS SECURITY SERVICES USA

This case concerns five lien claimants whose liens were dismissed for failing to pay the lien activation fee before a lien conference. The lien claimants argued they did not receive notice of the conference. The Appeals Board rescinded its prior order granting reconsideration and dismissed the lien claimants' petition for reconsideration because it was unverified. The Board noted that while unverified petitions are not automatically invalid, it may dismiss them if the defect is not cured after notification, which occurred here.

Lien Activation FeeLien ConferenceUnverified PetitionPetition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWCJ ReportAdmonishmentImprovidently GrantedQualified Billing and Collections
References
Case No. ADJ103096 (LAO 0827788)
Regular
Apr 24, 2012

DEYSI CASTRO vs. KSL ENTERPRISES dba MCDONALD'S, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's untimely and unverified petition for reconsideration of an order dismissing their lien. The lien claimant had previously failed to seek reconsideration of an identical dismissal order served months earlier. The Appeals Board dismissed the petition as both untimely, exceeding the 20-day filing window, and unverified, lacking a required declaration. Therefore, the lien claimant's attempt to revive their dismissed lien was rejected by the Board.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienUntimely PetitionUnverified PetitionLabor Code §5903Labor Code §5902Compromise and ReleaseIndustrial Injuries
References
Case No. ADJ8807200
Regular
Oct 24, 2014

RAFAEL ANGUIANO vs. NICK'S CABINET DOORS, ZURICH NORTH AMERICAN INSURANCE

This case involves a defendant's unverified Petition for Removal challenging a WCJ's order denying dismissal for lack of prosecution. The Appeals Board dismissed the defendant's petition due to the unverified filing. However, the Board granted removal on its own motion, rescinded the WCJ's prior order, and returned the case to the trial level. This action was taken because neither the applicant's attorney's objection nor the defendant's Declaration of Readiness to Proceed effectively activated the case for the purpose of avoiding dismissal under Rule 10582.

Petition for RemovalLack of ProsecutionRule 10582Declaration of Readiness to ProceedPetition to DismissNotice of Intention to DismissVerification DefectUnverified PetitionRescinded OrderReturned to Trial Level
References
Case No. ADJ7004129, ADJ7004132
Regular
Nov 23, 2010

KIMBERLEY ZACHRY vs. PARC MANAGEMENT, LLC, AVIZENT

This case involves Parc Management, LLC's unverified petition for reconsideration of a workers' compensation award. The defendant argued the administrative law judge erred in awarding temporary disability, deferring the permanent disability rating for the right knee, and calculating the permanent disability benefit rate. The Workers' Compensation Appeals Board dismissed the petition because it was unverified and the defendant failed to cure this defect or provide an acceptable explanation within a reasonable time. Consequently, the original Findings of Fact, Order, and Award remain in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionFindings of Fact Order and AwardIndustrial InjuryRight Knee InjuryCumulative InjuryCervical Spine InjuryPermanent DisabilityTemporary Disability
References
Case No. ADJ7485771
Regular
Sep 25, 2015

HUGO CANO vs. AMCOR PET PACKAGING, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Reconsideration, which sought to overturn the dismissal of its lien. The dismissal occurred because the lien claimant failed to appear at a lien conference and subsequently failed to overcome the presumption of receipt of a Notice of Intention to Dismiss. Furthermore, the petition itself was unverified, providing an independent ground for denial under Labor Code section 5902. The Board adopted the WCJ's report, finding insufficient grounds for reconsideration based on the lack of evidence to rebut the mailing presumption and the unverified petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LiensLien ClaimantNotice of Intention to DismissService of ProcessProof of ServicePresumption of ReceiptUnverified PetitionLabor Code section 5902
References
Case No. ADJ1392488 (MON 0279361)
Regular
Oct 18, 2011

SCARLET PATTERSON vs. CITY OF LOS ANGELES, PSI

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration. The Board adopted the findings of the administrative law judge, stating the petition was untimely and unverified. Even if timely, reconsideration would have been denied on the merits based on the judge's report.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportuntimelyunverifieddismissalmeritsRONNIE G. CAPLANEDEIDRA E. LOWEFRANK M. BRASS
References
Case No. ADJ1245565 (STK 0211651), ADJ4586569 (STK 0212014)
Regular
Nov 21, 2014

RICKIE AMOS vs. KELLY TEMPORARY SERVICES, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board has dismissed Rickie Amos's petition for reconsideration. This dismissal is based on the petition being both unverified and not timely filed, as detailed in the administrative law judge's report. The Board adopted and incorporated the judge's reasoning in their order. Therefore, the petition is officially dismissed.

Petition for ReconsiderationUnverifiedTimely-filedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationDismissalApplicantDefendantsKelly Temporary Services
References
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