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

Case No. ADJ10543011 ADJ10419700
Regular
Jan 12, 2018

CHERIE BATES vs. PRIDE INDUSTRIES, Insured by UNITED STATES FIRE INS. CO., As Administered by BROADSPIRE 24016 FRESNO

The Workers' Compensation Appeals Board (WCAB) dismissed defendant Pride Industries' Petition for Reconsideration because it was unverified. Labor Code section 5902 requires such petitions to be verified. Although a lack of verification is not jurisdictional, the WCAB can dismiss the petition if the defect is not cured after notice. In this case, the WCJ's report alerted the defendant to the defect, and they failed to file a verification or offer a compelling explanation for its absence within a reasonable time.

Petition for ReconsiderationVerification DefectUnverified PetitionLabor Code Section 5902Code of Civil Procedure Section 446(a)WCAB Rule 10450(e)DismissalWings West Airlines v. Workers' Comp. Appeals Bd.Lucena v. Diablo Auto BodyNotice of Defect
References
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. 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
Case No. ADJ7445855
Regular
Nov 25, 2019

SANTIAGO URENA vs. APPLIED COMPANIES, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration as untimely, as it was filed 10 days after the deadline. The petition was also dismissed for failing to meet the statutory verification requirement and the claimant did not cure this defect within a reasonable time. The Board noted that even if timely and verified, the petition would have been denied on the merits.

Lien claimantPetition for ReconsiderationUntimelyUnverifiedJurisdictionalWCJ's Order of Lien DismissalLabor Code Section 5902Verification defectNotice of defectReasonable time
References
Case No. ADJ1448035 (VNO 0527697), ADJ2334907 (VNO 0527694)
Regular
Sep 01, 2015

FELIX MARTINEZ LUNA vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration that was dismissed. The dismissal occurred because the petition was unverified, a requirement mandated by Labor Code section 5902. Despite notice of this defect, the petitioner failed to cure it by filing a verification or providing a valid explanation. Consequently, the Board dismissed the petition as per established precedent.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Verification DefectNotice of DefectCure DefectCompelling ReasonNo PrejudiceWorkers' Compensation Appeals BoardDismissal Order
References
Case No. ADJ9938323
Regular
Aug 19, 2015

PIO HERNANDEZ VARGAS vs. LOS ARBOLES HARVESTING, INC., CALIFORNIA FARM MANAGEMENT, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves a Petition for Removal that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the petition's failure to be verified, as required by WCAB Rules 10843(b) and 10450(e). The applicant was given notice of this defect but failed to cure it within a reasonable time. Even if it hadn't been dismissed for lack of verification, the petition would have been denied on its merits.

Petition for RemovalUnverified PetitionWCAB RulesWCJ ReportDismissalVerification DefectNotice of DefectCure DefectCompelling ReasonPrejudice
References
Case No. ADJ9771539
Regular
Dec 22, 2016

MARCELA OSORIO ORTIZ vs. BARRETT BUSINESS SERVICES, INC.; Permissibly Self-Insured

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.

Petition for ReconsiderationUnverified PetitionLabor Code Section 5902Verification DefectLucena v. Diablo Auto BodyNotice of DefectCure DefectCompelling ReasonDismissalMerits Denial
References
Case No. ADJ8944981
Regular
Oct 07, 2015

RICARDO ROQUE vs. GARDENA SUPERMARKET, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Ricardo Roque's Petition for Reconsideration. The dismissal was based on the petition's failure to meet the statutory requirement of being verified. Roque was given notice of this defect, and no verification or valid explanation for its absence was provided within a reasonable time. Therefore, the WCAB found the petition procedurally defective and dismissed it.

Petition for ReconsiderationVerificationLabor Code section 5902WCJ report10450(e)Lucena v. Diablo Auto BodyPanel DecisionDismissalUnverified petitionNotice of defect
References
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
Case No. ADJ8231324
Regular
Jan 12, 2016

MARIA GUEVARA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Guevara's petition for reconsideration because it was unverified. Labor Code section 5902 mandates verification for such petitions. Guevara was notified of this defect, and despite a reasonable time passing, failed to cure it by filing a verification or providing a compelling explanation for its absence. Therefore, the WCAB dismissed the petition, noting it would have also been denied on the merits.

Petition for ReconsiderationVerifiedLabor Code section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyWCJ reportADJ8231324Unverified petitionNotice of defectCure defect
References
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