Tri Fume; State Compensation Insurance Fund Juan Flores Romero WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN FLORES ROMERO, Applicant,vs.TRI FUME; STATE COMPENSATIONINSURANCE FUND, Defendants.Case Nos. ADJ106688 (OXN 0142005)ADJ213912 (OXN 0142006)ADJ454903 (OXN 0142004)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We admonish applicant’s attorney for violating WCAB Rule 10842(a), relating to attaching documents to the petition that are already in the WCAB’s record. (Cal. Code Regs., tit. 8, § 10842(a).) We further admonish applicant’s counsel for citing the documents that are not in evidence. This is an error so basic that no attorney should make it. The only ground for citing to non-admitted evidence is if it is alleged to be “newly discovered,” i. e., that the evidence could not have been discovered and offered at hearing had reasonable diligence been exercised. (Lab. Code, § 5903(d); Cal. Code Regs., 10856(e).) Applicant’s attorney has made no such allegation here////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________RONNIE G. CAPLANEI CONCUR,_________________________________________FRANK M. BRASS_________________________________________MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAAPR 19 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.TELLERIA TELLERIA & LEVYSTATE COMPENSATION INSURANCE FUNDJUAN FLORES ROMEROebc , STATE OF CALIFORNIADivision of Workers’ Co
