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

Case No. ADJ3011154 (SAC 0309784) ADJ3631113 (SAC 0309785)
Regular
Aug 28, 2014

CHRISTOPHER TORRES vs. CONTRA COSTA SCHOOLS INSURANCE GROUP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a dismissal of an applicant's Independent Medical Review (IMR) appeal, which was initially dismissed for lack of verification. While the applicant's IMR appeal did not meet the statutory requirement for verification under Labor Code section 4610.6(h), the WCAB recognized the evolving nature of this requirement and the public policy favoring disposition on the merits. The case was returned to the trial level, allowing the applicant twenty days to cure the verification defect, after which the WCJ will address the substance of the appeal or dismiss it if the defect remains uncorrected.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewVerified AppealLabor Code Section 4610.6(h)Petition for ReconsiderationRule 10450(e)Declaration of Readiness to ProceedWCJSignificant Panel Decision
References
14
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
2
Case No. ADJ7288432
Regular
Dec 06, 2016

CLIAS ALBARRAN NAVARRETE vs. THE MERCHANT OF TENNIS, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by three lien claimants. The petitions were dismissed because they were untimely, filed beyond the statutory 25-day deadline after the WCJ's decision was served. Additionally, the petitions failed to meet the verification requirement mandated by Labor Code section 5902. The WCAB found no evidence of defective service and the lien claimants did not cure the verification defect within a reasonable time after notice.

Petitions for ReconsiderationUntimely FilingUnverified PetitionJurisdictional DefectTollingVerification RequirementLabor Code Section 5902WCJ's ReportOfficial Address RecordLien Claimants
References
5
Case No. MISSING
Regular Panel Decision

Emspak v. Conroy

The defendants moved for a further bill of particulars regarding item 30 and requested the entire bill be verified by a union officer. The plaintiff's attorney acknowledged the omission for item 30 was an oversight and agreed to provide it. He argued his self-verification was proper under subdivision 3 of rule 99 of the Rules of Civil Practice, citing the plaintiff's absence from the county, and claimed defendants waived objection by not returning the bill within 24 hours. The court clarified that Rules 10 and 11 do not apply to verification. While an attorney can verify a bill of particulars under rule 117, the court ruled that merely stating the party is out of county is insufficient; the attorney must also detail the basis of their knowledge, especially given a prior order requiring an oath for inability to furnish particulars. The motion for a further bill was granted.

Bill of particularsVerificationAttorney verificationRules of Civil PracticeWaiverMotionCourt procedurePleadingSufficiency of verification
References
3
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
2
Case No. ADJ1901636 (OXN 0142554)
Regular
Aug 09, 2018

STEWART BERNSTEIN vs. CAST & CREW ENTERTAINMENT

This Workers' Compensation Appeals Board decision dismisses a Petition for Reconsideration because it was unverified, which violates Labor Code section 5902. The petitioner was notified of this defect but failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. Therefore, the Board is dismissing the petition. Had it not been for the procedural defect, the petition would have been denied on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Verification RequirementLucena v. Diablo Auto BodyAdministrative Law JudgeDismissalCuring DefectCompelling Reason
References
1
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
1
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
2
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
1
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
1
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