Ezequiel Aguilar vs. Mingus Construction, Inc.; Seabright Insurance Company

Mingus Construction, Inc. and Seabright Insurance Company were involved in a workers' compensation case with Ezequiel Aguilar. The Petition for Reconsideration was not verified in violation of Labor Code section 5902, so it was dismissed. Had it been verified, it would have been denied on the merits for the reasons stated by the WCJ in the Report and Recommendation on Petition for Reconsideration.

Mingus Construction, Inc.; Seabright Insurance Company Ezequiel Aguilar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEZEQUIEL AGUILAR, Applicant,vs. MINGUS CONSTRUCTION, INC.; SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ7045946 (Anaheim District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, we note that the petition is not verified in violation of Labor Code section 5902. Therefore, we will dismiss it. (Smith v. Workers’ Comp. Appeals Bd. (2001) 66 Cal.Comp.Cases 788, writ denied; Lucena v. Workers’ Comp. Appeals Bd. (2000) 65 Cal.Comp.Cases 1425, Significant Panel Decision.)            Furthermore, had the petition been verified, for the reasons stated by the WCJ in the Report and Recommendation on Petition for Reconsideration, which we adopt and incorporate, we would deny on the merits.//////////////////////// ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________MARGUERITE SWEENEYI CONCUR,_________________________________________FRANK M. BRASS_________________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAAPR 09 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.PROFESSIONAL TRANSLATION SERVICESPETERSON COLANTONI COLLINS & DAVISabs ADJ7045946

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.