Demetrius Freeman vs. Caltrans; Scif State Employees Commerce

This case involves a lien claimant, Farahnaz Jalali Chiropractic, who sought reconsideration of the workers' compensation administrative law judge's (WCJ) November 8, 2010 Findings and Order that lien claimant had been adequately compensated for all dates of service and that it take nothing further on its lien claim. The WCJ's decision issued following a November 8, 2010 lien trial that lien claimant did not attend. The WCJ failed to follow the proper procedure to enter a decision denying the lien claim, and the Appeals Board granted reconsideration and rescinded the November 8, 2010 Findings and Order. The case was returned to the trial level for further proceedings and a new decision.

Caltrans; Scif State Employees Commerce Demetrius Freeman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTATE OF CALIFORNIA, Applicant,vs.CALTRANS; SCIF STATE EMPLOYEES COMMERCE, Defendant,FARAHNAZ JALALI CHIROPRACTIC, Lien claimant.Case No. ADJ666571 (LAO 0788334)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Farahnaz Jalali Chiropractic seeks reconsideration of the workers’ compensation administrative law judge’s (WCJ) November 8, 2010 Findings and Order that lien claimant has been adequately compensated for all dates of service and that it take nothing further on its lien claim. The WCJ’s decision issued following a November 8, 2010 lien trial that lien claimant did not attend.            Lien claimant contends that the WCJ should not have been found that it was adequately compensated for all dates of service because it reached an agreement with defendant prior to trial to settle the lien claim with an additional payment.            The WCJ provided a Report and Recommendation on Petition for Reconsideration, which noted, inter alia, that the verification on lien claimant’s petition for reconsideration was unsigned.            The lack of proper verification allows dismissal of a petition for reconsideration. (Labor Code, § 5902; Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425.) However, it is not a jurisdictional defect that requires dismissal. (Wings West Airlines v. Workers’ Comp. Appeals Bd. , (Nebelon) (1986) 187 Cal.App.3d 1047 [51 Cal.Comp.Cases 6091). In this case, we will not dismiss the petition for reconsideration due to the lack of a proper verification because the record evidences the WCJ’s failure to follow proper procedures before entering his decision, and because lien claimant may be unnecessarily harmed by that error if we do not exercise jurisdiction.            Instead, we grant reconsideration and rescind the November 8, 2010 Findings and Order. Although lien claim

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