VHA, Inc.; Liberty Mutual Gina Floyd WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA GINA FLOYD, Applicant, vs. VHA, INC.; LIBERTY MUTUAL, Defendants. Case No. ADJ3842635 (LAO0884445) 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 administrativelaw judge (WCJ) with respect thereto. Based on our review of the record, the petition is unverified and will be dismissed. Labor Code section 5902 requires that a petition for reconsideration be verified. (See also Cal. Code Regs., tit. 8, § 10450(e).) In Lucena v. DiabloAuto Body (2000) 65 Cal.Comp.Cases 1425 (Significant Panel Decision), it was held that where a petition for reconsideration is not verified as required by section 5902, the petition may be dismissed if the petitioner has been given notice of the defect (either by the WCJ’s report or by the respondent’s answer) unless, within a reasonable time, the petitioner either: (1) cures the defect by filing a verification; or (2) files an explanation that establishes a compelling reason for the lack of verification and the record establishes that the respondents are not prejudiced by the lack of verification. Here, the Petition for Reconsideration is not verified and notice of this defect was specifically given. Moreover, a reasonable period of time haselapsed, but petitioner has neither cured the defect by filing a verification nor offered an explanation of why a verification cannot be filed. Accordingly, we will dismiss the petition. If we were not dismissing the petition for lack of verification, we would have denied it on the merits for the reasons stated in the WCJ’ s report,which we adopt and incorporate. / / / , Furthermore, we admonish Junior Medina, representative, and lien claimant Allied Medical Group for submitting a
