SPRING HILL MANOR CONVALESCENT HOSPITAL and CARE WEST INSURANCE COMPANY JESSICA FRANK WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESSICA FRANK, Applicant,vs.SPRING HILL MANOR CONVALESCENT HOSPITAL andCARE WEST INSURANCE COMPANY, Defendants.Case No. ADJ7904718(Sacramento 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. We reject applicant’s Reply to Answer because it is a supplemental pleading that violates WCAB Rule 10848. (Cal. Code Regs., tit. 8, § 10848.)/ / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________MARGUERITE SWEENEYI CONCUR,_______________________________________________ FRANK M. BRASS_______________________________________________ DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA OCT 18, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JESSICA FRANKKIM STEVEN LA VALLEYLAW OFFICES OF MORSE GIESLERebc ADJ7904718
JESSICA FRANK vs. SPRING HILL MANOR CONVALESCENT HOSPITAL And CARE WEST INSURANCE COMPANY
This case involves Jessica Frank, an applicant, and Spring Hill Manor Convalescent Hospital and Care West Insurance Company, the defendants. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration due to it not being verified in violation of Labor Code section 5902. Had the petition 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. The Reply to Answer was also rejected as it was a supplemental pleading that violated WCAB Rule 10848.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ7904718
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