YMCA OF THE EAST BAY AND TRAVELERS, DIAHLO WALTON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIAHLO WALTON, Applicant,vs.YMCA OF THE EAST BAY AND TRAVELERS, Defendant(s).Case Nos. ADJ4278593 (OAK 0340993)ADJ3322474 (OAK 0340995)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact and Order issued April 2, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that defendant did not violate Labor Code section 132a and that defendant’s request for sanctions and attorney fees was denied. Applicant contends that the WCJ erred by failing to find that the employer had violated Labor Code section 132a arguing: (1) that the employer “removed the injured worker from work and left him on a non-pay status where similar non-industrially injured employees were placed on an administrative leave with pay while issues were being investigated”; and (2) that the employer “filed for sanctions and costs against the injured worker for the injured worker exercising his legal remedy by filing a section 132a petition with the WCAB to obtain his loss wages, reinstatement of his employment, and statutory penalties.” Defendant filed an Answer. We have considered the allegations of applicant’s petition and the contents of the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition because it is unverified contrary to Labor Code section 5902. (See, Smith v. Workers’ Comp. Appeals Bd. (2001) 66 Cal.Comp.Cases 788 (writ denied); (Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425.) , We further note that even if we were not dismissing applicant’s petition because it is unverified, we would have denied the petition for the reasons set forth in the WCJ’s Report. Finally, we note that defendant
Diahlo Walton, vs. Ymca Of The East Bay And Travelers,
In this case, Diahlo Walton, an applicant, sought reconsideration of a Findings of Fact and Order issued by a workers' compensation administrative law judge (WCJ) which found that the defendant, YMCA of the East Bay and Travelers, did not violate Labor Code section 132a and that the defendant's request for sanctions and attorney fees was denied. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was unverified contrary to Labor Code section 5902. The Board also noted that even if the petition had been verified, it would have been denied for the reasons set forth in the WCJ's Report. The Board admonished the defendant for attaching documents to their answer that had already been made part
- Filed On:
- Court: California, Oakland
- Case No. ADJ4278593
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