UNIVERSAL ALLOY CALIFORNIA INSURANCE GUARANTEE ASSOCIATION administered by SEDGVICK CLAIMS MANAGEMENT SERVICES LAURO GUERRERO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALAURO GUERRERO, Applicant,vs.UNIVERSAL ALLOY; CALIFORNIAINSURANCE GUARANTEE ASSOCIATION,administered by SEDGVICK CLAIMSMANAGEMENT SERVICES, Defendants.Case Nos. ADJ1160669 (VNO 0449176)ADJ1286605 (VNO 0449172)ADJ3447679 (VNO 0449169)ADJ3802766 (VNO 0449166)ADJ4061917 (VNO 0449171)ORDER DISMISSINGPETITION 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, and for the reasons stated in said Report, which we adopt and incorporate, we will dismiss the petition, as not taken from a final order. As noted in the WCJ’ s Report, there is no Order of Dismissal, and therefore there is no proper basis for filing a petition for reconsideration. (Lab. Code, §§ 5900 et seq.) Accordingly, we admonish lien claimant’s attorney for filing a petition for reconsideration where there is clearly no final order. Thefiling of a petition for reconsideration triggers jurisdictional requirements, wasting the time and resources of all concerned. In this instance, the June 5, 2014 hearing was canceled, as reflected in the Minutes of Hearing of that date. Furthermore, the fact that the petition for reconsideration is not verified constitutes a separate and independent basis for dismissal. (Lab. Code, § 5902.) It appears petitioner is approaching the line past which sanctions may be imposed. (Lab. Code,§ 5813.)/ / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________DEIDRA E. LOWE I CONCUR,
Lauro Guerrero vs. Universal Alloy California Insurance Guarantee Association Administered By Sedgvick Claims Management Services
This case involves a Petition for Reconsideration filed by lien claimant Lauro Guerrero against Universal Alloy and the California Insurance Guarantee Association, administered by Sedgwick Claims Management Services. The Workers' Compensation Appeals Board dismissed the petition as it was not taken from a final order, and the petition was not verified. The Board admonished lien claimant's attorney for filing a petition for reconsideration where there was no final order, and warned that sanctions may be imposed for filing a petition for reconsideration without verification.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1160669
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