Samick Music Corporation; Golden Eagle Insurance Company Eduardo Valencia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA EDUARDO VALENCIA, Applicant,vs. SAMICK MUSIC CORPORATION; GOLDEN EAGLE INSURANCE COMPANY, Defendants.Case No. ADJ2547747 (POM 0221083)(San Bernardino District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Applicant, in pro per, seeks reconsideration of the “Findings and Order” issued October 23, 2012 wherein the workers’ compensation administrative law judge (WCJ) found that applicant was not entitled to medical treatment of his right ankle arising from his workers’ compensation claim in ADJ2547747 because the case had been resolved by Compromise and Release on October 3, 2008 which included “full resolution of all remaining future treatment liability.” The WCJ ordered that applicant shall take nothing further regarding his claim in ADJ2547747. In an unsigned and unverified petition, applicant contends that the WCJ had “no reason to overrule the Findings and Award [of] September 2, 1997 or the settlement agreement.” Applicant also made reference to the September 2, 1997 Findings and Award and the Order Approving Compromise and Release of October 30, 2008 but gave no indication as to how these documents supported any claim that the WCJ erred in the Findings and Order issued October 23, 2012. Applicant’s petition also lacked any proof of service. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition because it is unverified, unsigned and applicant has not filed a proof of service showing service upon all parties. At the outset, we note that Labor Code section 5902 requires that a Petition for Reconsideration must be signed and verified “in the manner required for verified pleadings in courts of record.” In , Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 (Significant Panel Decision), it was held that where a
Eduardo Valencia vs. Samick Music Corporation; Golden Eagle Insurance Company
In this case, Eduardo Valencia sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision that he was not entitled to medical treatment of his right ankle arising from his workers' compensation claim. The WCJ had found that the case had been resolved by Compromise and Release on October 3, 2008 which included "full resolution of all remaining future treatment liability." Valencia's petition was dismissed because it was unsigned, unverified, and lacked a proof of service. The WCJ's decision was also upheld.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ2547747
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