Home/Case Law/Germerial Warrick vs. Visual Concepts, Great American Insurance Co.
Regular DecisionReconsideration

Germerial Warrick vs. Visual Concepts, Great American Insurance Co.

Filed: Jul 16, 2012
Oxnard
ADJ7240850

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not verified as required by law, despite multiple reminders. The majority opinion also noted that even if verified, the petition would likely have been denied due to the administrative law judge's credibility determination regarding the applicant's testimony and the lack of timely reporting. Commissioner Sweeney dissented, arguing that the unverified petition was not a jurisdictional defect and that medical evidence supported the applicant's claim of an industrial injury to his right shoulder.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not verified as required by law, despite multiple reminders. The majority opinion also noted that even if verified, the petition would likely have been denied due to the administrative law judge's credibility determination regarding the applicant's testimony and the lack of timely reporting. Commissioner Sweeney dissented, arguing that the unverified petition was not a jurisdictional defect and that medical evidence supported the applicant's claim of an industrial injury to his right shoulder.

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Germerial Warrick vs. Visual Concepts, Great American Insurance Co. (2012) – Oxnard | CompFox