Xcess Payroll Services Luis Muniz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS MUNIZ, Applicant,vs.XCESS PAYROLL SERVICES, Defendant.Case No. ADJ3919401 (POM 0295843)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. According to defendant’s verified answer, the representative for Optimum Pharmacy exited the courtroom prior to the end of the hearing and did not object to the Order now in issue. If lien claimant had stayed, it might have been able to explain the “Verizon issue” to which it refers in its petition. On the present record there is no evidence of the “issue,” whatever it might be. We also note that petitioner has failed to identify himself in the heading./ / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________RONNIE G. CAPLANEI CONCUR,_________________________________________MARGUERITE SWEENEY_________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUN 03 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ADELSON
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