Historic Mission Inn Hotel Spa; Travelers, Zenith, Hanover Opinion And Order Dismissing Petition For Reconsideration Insurance Group, David Higuera, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID HIGUERA,Applicant,vs.HISTORIC MISSION INN HOTEL SPA; TRAVELERS, ZENITH, HANOVER INSURANCE GROUP,Defendants.Case Nos. ADJ7218003ADJ9895511(Riverside District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will dismiss the petition. The Labor Code requires that: The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers’ compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (Lab. Code, § 5902.) Moreover, the Appeals Board Rules provide in relevant part: (1) that “[e]very petition for reconsideration … shall fairly state all the material evidence relative to the point or points at issue [and] [ e ]ach contention contained in a petition for reconsideration … shall be separately stated and clearly set forth” (Cal. Code Regs., tit. 8, § 10842); (2) that “a petition for reconsideration … may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved” (Cal. Code Regs., tit. 8, § 10846); and (3) that “[w]h
David Higuera, vs. Historic Mission Inn Hotel Spa; Travelers, Zenith, Hanover Opinion And Order Dismissing Petition For Reconsideration Insurance Group,
In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by David Higuera against Historic Mission Inn Hotel Spa, Travelers, Zenith, and Hanover Insurance Group. The Board found that the Petition was skeletal and failed to fairly state all of the material evidence, including that not favorable to it, and failed to specifically discuss the particular portion(s) of the record that supported the petitioner's contentions.
- Filed On:
- Court: California, Riverside
- Case No. ADJ7218003
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