Isidoro A. Lucena vs. Diablo Auto Body; Liberty; Mutual Insurance; Sun Valley Ford; Great States Insurance

This case involves Isidoro A. Lucena, who is suing Diablo Auto Body, Liberty, Mutual Insurance, Sun Valley Ford, and Great States Insurance for workers’ compensation. The WCJ found that counsel for Great States Insurance willfully filed a petition for dismissal unsupported by the medical record, causing applicant’s counsel to incur expense in taking the time to reply to the petition. Great States Insurance was ordered to pay sanctions in the amount of $100.00 plus reasonable attorney fees. Great States Insurance filed a timely petition for reconsideration, admitting that the petition for dismissal was filed in error but contending that it had relied upon a Statement in a medical report. The petition was unverified, and the WCJ recommended that the petition

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

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