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

Case No. ADJ7339980
Regular
Dec 24, 2014

EDITH GALVEZ vs. HANFORD HOTELS, LLC, AMERICAN HOME ASSURANCE, HELMSMAN

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration due to a failure to meet the verification requirements of Labor Code section 5902. Specifically, the petition and its attached verifications were either unsigned or defective, preventing the Board from confirming proper execution. Even if the petition had been properly verified, the WCAB would have denied it on the merits based on the administrative law judge's report.

Petition for ReconsiderationVerificationLabor Code Section 5902DismissalWorkers' Compensation Appeals BoardWCJHanford HotelsLLCAmerican Home AssuranceHelmsman
References
Case No. ADJ8327776
Regular
Oct 18, 2012

PATRICK CURTIS BUDGE vs. WIGHTMAN ENTERPRISES, TOWER NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied Patrick Curtis Budge's Petition for Removal. The Board found no showing of substantial prejudice or irreparable injury that would warrant granting this extraordinary remedy. While the WCJ initially recommended dismissal for lack of verification, the applicant subsequently provided the necessary filing. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardRemoval deniedSubstantial prejudiceIrreparable injuryWCJ reportLack of verificationVerification filedAdministrative law judgeExtraordinary remedy
References
Case No. MON 0114910
Regular
Oct 02, 2007

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimants' Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The Board noted that even after the WCJ pointed out the defect, the lien claimants failed to cure the lack of verification. Therefore, the petition was dismissed for failure to comply with the statutory verification requirement.

LachesLabor Code section 4903.5PrejudiceLien claimantsCalifornia Psychiatric CenterNeuro-Electro DiagnosticPetition for ReconsiderationVerificationLabor Code section 5902Dismissal
References
Case No. ADJ1274234
Regular
Jun 23, 2015

YVONNE SAA vs. BODIES IN MOTION, MEADOWBROOK INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Yvonne Saa's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. Notice of this defect was given, and Saa failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. The Board noted that even if not dismissed for lack of verification, the petition would have been denied on its merits according to the WCJ's report.

Petition for ReconsiderationVerificationLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodySignificant Panel DecisionUnverified petitionDismissal
References
Case No. ADJ1537159 (POM 0266229) ADJ3643803 (POM 0295243)
Regular
Oct 20, 2017

PETRA PAZOS vs. XEROX CORPORATION, INC., CONTINENTAL CASUALTY COMPANY

Defendant Continental Casualty Company's petition for reconsideration of the Workers' Compensation Appeals Board's (WCAB) award requiring contribution to ACE/USA for medical expenses was denied. The WCAB found the petition lacked the required verification and was not properly served on the arbitrator. Even if the petition had merit, it would have been dismissed due to the procedural defect of lack of verification. The WCAB also admonished the defendant for improperly attaching evidence to their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardContributionMedical ExpensesLabor Code Section 5500.5ReimbursementArbitrator's Fee ForfeitureVerificationLabor Code Section 5902
References
Case No. ADJ589224 (AHM 0151503) ADJ3958831 (AHM 0149030)
Regular
Jan 19, 2016

MICHAEL HILL vs. CUYAMACA CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's Petition for Reconsideration because it was not properly verified as required by Labor Code section 5902. The WCAB found the attached declaration was incomplete, lacking the declarant's name and signature. Despite this defect being noted, the lien claimant failed to cure it or provide a compelling explanation within a reasonable time. Therefore, the WCAB dismissed the petition, affirming the administrative law judge's prior order disallowing the lien.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationJoint Findings and OrderMedical-legal costsBurden of proofLabor Code section 5902VerificationUnverified petitionCured defect
References
Case No. BAK 0150807
Regular
Feb 05, 2008

JODI SMITH vs. COUNTY OF KERN, PROBATION DEPARTMENT

The Workers' Compensation Appeals Board dismissed Jodi Smith's Petition for Reconsideration because it lacked the mandatory verification required by Labor Code section 5902. Applicant sought reconsideration of a finding that her back injury was not a compensable consequence of her admitted right lower extremity industrial injury. Even without the verification defect, the Board would have denied the petition based on the judge's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryright lower extremityprobation officercompensable consequenceincomplete discoverylack of verificationLabor Code section 5902
References
Case No. RIV 59277
Regular
Aug 07, 2007

REINA GUERRA vs. VALLEY CHRISTIAN HOME, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the defendant's second petition for reconsideration because it was untimely filed, despite the defendant's claim of subsequent verification. The defendant's initial petition was dismissed for lack of verification, and their subsequent attempt to correct this issue was filed beyond the jurisdictional 25-day deadline. Furthermore, the petition was improperly filed with a district office instead of directly with the Appeals Board Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified petitionProof of serviceTimelinessJurisdictionalDismissalRule 10840Labor Code 5903Code Civil Procedure 1013
References
Case No. ADJ8857098
Regular
Mar 27, 2015

JOSE CARRANZA vs. G&K MANAGEMENT COMPANY, INC.; GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Jose Carranza's Petition for Reconsideration because it was unverified, violating Labor Code section 5902. Carranza was provided notice of this defect and a reasonable time to cure it but failed to file a verification or provide a compelling explanation. Consequently, the Board found no grounds to excuse the lack of verification. The Board also indicated that had the petition not been dismissed procedurally, it would have been denied on the merits.

Petition for ReconsiderationVerification DefectLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyDismissalAdministrative Law Judge ReportCure DefectCompelling ReasonRespondent Prejudice
References
Case No. ADJ9185550
Regular
Jul 01, 2018

VERONICA WADE vs. ORANGE COUNTY SHERIFF'S DEPARTMENT, YORK INSURANCE

This case involves a Petition for Reconsideration filed by Veronica Wade that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition's lack of verification, a mandatory requirement under Labor Code section 5902. Despite having notice of this defect and ample time to cure it, the petitioner failed to file a verification or provide a compelling explanation. The Board noted that even if the petition had been properly verified, it would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyDismissal OrderWCJ ReportStipulated AwardGood CauseVerification Defect
References
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