CompFox AI Summary
The Workers' Compensation Appeals Board dismissed Jorge Hernandez's petition for reconsideration because it was unverified, a mandatory requirement under Labor Code section 5902. The Board noted that the defect was pointed out in the WCJ's report and applicant's answer, yet the petitioner failed to cure the defect or provide a compelling explanation within a reasonable time. Therefore, the petition was dismissed on procedural grounds. Had it not been dismissed, the Board indicated it would have denied the petition on its merits, partly due to the defendants' failure to prove timely utilization review (UR) compliance.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed Jorge Hernandez's petition for reconsideration because it was unverified, a mandatory requirement under Labor Code section 5902. The Board noted that the defect was pointed out in the WCJ's report and applicant's answer, yet the petitioner failed to cure the defect or provide a compelling explanation within a reasonable time. Therefore, the petition was dismissed on procedural grounds. Had it not been dismissed, the Board indicated it would have denied the petition on its merits, partly due to the defendants' failure to prove timely utilization review (UR) compliance.
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