Loretta Lamb vs. Center Point, Inc.; Everest National Insurance Company, Adjusted By Gallagher Bassett Services

In this case, the Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was unverified, lacked proof of service, and was impermissibly skeletal. The Board also recommended that the matter be returned to the trial level to determine costs and sanctions against the lien claimant for their actions.

Center Point, Inc.; Everest National Insurance Company, Adjusted by Gallagher Bassett Services Loretta Lamb WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALORETTA LAMB, Applicant, vs.CENTER POINT, INC.; EVEREST NATIONAL INSURANCE COMPANY,Adjusted by GALLAGHER BASSETT SERVICES, Defendants.Case No. ADJ7191043(Los Angeles District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimant, Basso Pharmacy, seeks reconsideration of the Order Dismissing Lien issued November 19, 2012, wherein the workers’ compensation administrative law judge (WCJ) ordered that petitioner’s lien was dismissed without prejudice. The WCJ noted that the Notice of Intention to Dismiss Lien had been served on October 16, 2012 and there had been no objection to the Notice. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that petitioner failed to verify the Petition for Reconsideration.            Lien claimant contends that it did not receive notice of the lien trial on October 9, 2012 and did not receive the Notice of Intention to Dismiss Lien. Petitioner further contends that confusion exists regarding the filing of its lien.            Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claimant’s petition because it is unverified, skeletal and lien claimant failed to file proof of service of the petition.            We note that Labor Code section 5902 requires verification of a petition for reconsideration. 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 the petitioner has been given notice of the defect either by the WCJ’s Report or by the respondent’s answer unless, within a reasonable time, either: (1) the petitioner cures the defect by filing a verification; or (2) the petition

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