Home/Case Law/JUANA FLORES vs. MCDONALD'S, UNITED STATES FIDELITY AND GUARANTY COMPANY, BROADSPIRE
Regular DecisionReconsideration

JUANA FLORES vs. MCDONALD'S, UNITED STATES FIDELITY AND GUARANTY COMPANY, BROADSPIRE

Filed: Aug 23, 2018
Los Angeles
ADJ8890512

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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