MAGIC LAUNDRY SERVICES; BARRETT BUSINESS SERVICES, INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY JESUS HERNANDEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS HERNANDEZ, Applicant,vs.MAGIC LAUNDRY SERVICES; BARRETT BUSINESS SERVICES, INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants.Case Nos. ADJ8597986ADJ8734785(Long Beach District Office)ORDER DISMISSING PETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration (Report) 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 Ca.Comp.Cases 1425, Significant Panel Decision.) Furthermore, had the petition been verified, for the reasons stated by the WCJ in the Report, which we adopt and incorporate, we would deny on the merits. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workmen’s Camp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500])./ / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARDDEPUTY _____________________________________________CRISTINE E. GONDAK I CONCUR, _____________________________________________MARGUERITE SWEENEY CONCURRING, BUT NOT SIGNING FRANK M. BRASS _____________________________________________ DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 30 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL
Jesus Hernandez vs. Magic Laundry Services; Barrett Business Services, Inc.; Employers Compensation Insurance Company
ADJ8734785 In this case, Jesus Hernandez filed a Petition for Reconsideration against Magic Laundry Services, Barrett Business Services, Inc., and Employers Compensation Insurance Company. The Workers' Compensation Appeals Board dismissed the petition due to it not being verified in violation of Labor Code section 5902. Had the petition been verified, the Board would have denied it on the merits. The Board also extended to the WCJ's finding on credibility the great weight to which it is entitled. The Petition for Reconsideration was ultimately dismissed.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ8597986
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