CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed Juana Flores's petition for reconsideration because it was unverified, violating Labor Code section 5902. The WCJ's report provided notice of this defect, yet Ms. Flores failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. Had the petition not been dismissed for procedural defect, the WCAB would have denied it on the merits, adopting the WCJ's findings and giving great weight to their credibility determination.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed Juana Flores's petition for reconsideration because it was unverified, violating Labor Code section 5902. The WCJ's report provided notice of this defect, yet Ms. Flores failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. Had the petition not been dismissed for procedural defect, the WCAB would have denied it on the merits, adopting the WCJ's findings and giving great weight to their credibility determination.
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