Import Direct, Inc./ACE Property & Casualty, As Administered By ESIS Antonio Ruesga WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO RUESGA, Applicant,vs.IMPORT DIRECT, INC./ACE PROPERTY & CASUALTY, As Administered By ESIS, Defendants.Case No. ADJ7146118ORDER DENYING PETITION FOR RECONSIDERATION AND PETITION FOR REMOVAL Defendant, Ace Property & Casualty Company, on behalf of its insured, Import Direct Inc., has filed a petition seeking alternatively reconsideration or removal from the June 28, 2011 Order Denying Dismissal and Cancelling 7/11/11 Hearing, in which a workers’ compensation administrative law judge (WCJ) denied defendant’s Petition to Dismiss Application, filed April 12, 2011, and cancelled a hearing on the petition which had been scheduled before a different WCJ. Defendant contests the denial of its petition without providing defendant a hearing, asserting that the WCJ’s action constitutes a denial of its right to due process of law. Defendant notes that no party has filed an objection to its petition or to the Declaration of Readiness it filed to obtain the hearing which the WCJ cancelled. No answer has been filed to defendant’s petition. We have considered the allegations and arguments of the Petition for Reconsideration or Petition for Removal and have reviewed the limited record in this matter and the WCJ’s Report and Recommendation on Petition for Reconsideration/Removal of August 5, 2011, which considers and responds to defendant’s contentions. Based upon our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate as the decision of the Board, we will affirm the WCJ’s Order Denying Dismissal and Cancelling 7/11/11 Hearing, and deny the Petition for Reconsideration and Petition for Removal. Additionally, defendant’s petition is subject to dismissal for its failure to verify the petition as required by Labor Code section 5902. Section 5902 provides
Antonio Ruesga vs. Import Direct, Inc./ace Property & Casualty, As Administered By Esis
In this case, Antonio Ruesga filed a workers' compensation claim against Import Direct, Inc./ACE Property & Casualty, As Administered By ESIS. The defendant filed a petition seeking reconsideration or removal from the June 28, 2011 Order Denying Dismissal and Cancelling 7/11/11 Hearing, which was denied by the Workers' Compensation Appeals Board. The Board found that the defendant failed to verify the petition as required by Labor Code section 5902 and did not provide a compelling reason why verification could not be provided. The Petition for Reconsideration and Petition for Removal was denied.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7146118
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