Diablo Auto Body; Liberty; Mutual Insurance; Sun Valley Ford; Great States Insurance Isidoro A. Lucena WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIsidoro A. Lucena, Applicantvs.Diablo Auto Body; Liberty; Mutual Insurance;Sun Valley Ford; Great States Insurance, Defendant(s).Case No. WCK 037874OPINION AND DECISION AFTER RECONSIDERATION(OPINION AND ORDER VACATING ORDER GRANTING RECONSIDERATION AND ORDER DISMISSING PETITION FOR RECONSIDERATION) On August 7, 2000, we granted defendant’s petition for reconsideration of the Order for Payment of Sanctions dated May 16, 2000, in order to allow sufficient opportunity to further study the factual and legal issues in this case. After further review, we hold that where a petition for reconsideration is not verified as required by Labor Code section 5902,1 the petition will ordinarily be dismissed where the petitioner has been given notice of the defect (either by the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ) or by the respondent’s answer) unless, within a reasonable time, the petitioner either: (1) cures the defect; or (2) offers a compelling reason for the lack of verification and respondents are not prejudiced thereby. Therefore, we will vacate our order granting reconsideration and will dismiss the unverified petition for reconsideration.I . In the case before us the WCJ found that counsel for defendant, Great States Insurance Company, willfully filed a petition for dismissal unsupported by the medical record known to defendant, 1All further statutory references are to the Labor Code. , thereby causing applicant’s counsel to incur expense in taking the time to reply to the totally unsupported petition for dismissal. Great States Insurance Company was therefore ordered to pay sanctions in the amount of $100.00 plus reasonable attorney fees to applicant’s attorneys for time and expense in preparing their obj
