Mi Pueblo Food Center,Employers Direct Insurance Company Isidro Cruz WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAISIDRO CRUZ,Applicant, vs. MI PUEBLO FOOD CENTER, EMPLOYERSDIRECT INSURANCE COMPANY,Defendant(s). Case No. ADJ4108622 (OAK 0330103)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Lien claimant, Rhodes-Jacobs Chiropractic Corporation, seeks reconsideration of theOrder, issued April 12, 2010, wherein the workers’ compensation administrative law judge (WCJ)denied the liens of “Rhodes Chiropractic”. In the decision, the WCJ found that applicant’s claimhad been resolved by Compromise and Release on July 13, 2009, and that applicant’s medical carewas subject to the employer’s Medical Provider Network restrictions. The WCJ also found that”Rhodes Chiropractic” was not part of the employer’s “medical provider network” and that thelien claim was denied. In a petition filed May 19, 2010, lien claimant contends that applicant was not limited totreatment within the Medical Provider Network because applicant did not sufficiently understandEnglish and did not know what he was signing. Therefore, defendant is liable to lien claimant forapplicant’s self-procured treatment because defendant “neglected or refused to provide reasonablemedical treatment by failing to provide required notice to applicant of his rights under the MPN.”Defendant filed an Answer. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJnoted that applicant’s petition was unverified and untimely. Based upon our review of the record, we will dismiss applicant’s petition because it is unverified and untimely. , At the outset, we note that Labor Code section 5902 requires verification of a petition forreconsideration. In Lucena v. Diablo Auto 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 Labor Code section 5902, the petition may be dismissed if th
