BARRETT BUSINESS SERVICES, Permissibly Self-Insured; CORVEL MARIA CAPETILLO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA CAPETILLO, Applicant,vs.BARRETT BUSINESS SERVICES, Permissibly Self-Insured; CORVEL, Defendants.Case Nos. ADJ7643805; ADJ7749385ADJ7749386(Van Nuys District Office)OPINION AND ORDER DISMISSING RECONSIDERATIONPETITION FOR RECONSIDERATION Lien claimant, New Age Translations, seeks reconsideration of the Order Dismissing Lien issued July 2, 2012, wherein the workers’ compensation administrative law judge (WCJ) dismissed petitioner’s lien for failure to appear at the hearing on April 9, 2012. A Notice of Intent to Dismiss Lien had been issued on April 9, 2012. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ explained the procedural history of this matter and noted that lien claimant failed to object to the notice of intent to dismiss the lien. The WCJ also pointed out that lien claimant’s Petition for Reconsideration was unverified and there had been no proof of service upon defendant or applicant. Lien claimant contends that the dismissal should be set aside arguing that lien claimant “never received notice of this hearing until 07/15/12 when the Order Dismissing Liens… was received.” 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 and has not been served upon the parties. We note that California Code of Regulations, title 8, section 10850 requires proof of service upon the parties and that failure to file proof of service shall constitute valid grounds for dismissing the petition. Failure to serve documents in a WCAB proceeding, in the manner required by statute or the Appeals Board’s regulations, is not a mere irregularity but an omission of substance which denies a , fundamental right. Hartford Acc. & Indemnity Co, v. WCAB (Phillips) (1978) 86 Cal.
MARIA CAPETILLO vs. BARRETT BUSINESS SERVICES, Permissibly Self-Insured; CORVEL
; ADJ7749385ADJ7749386This case is about Maria Capetillo's workers' compensation claim against Barrett Business Services and Corvel. The lien claimant, New Age Translations, sought reconsideration of the Order Dismissing Lien issued July 2, 2012, but the petition was dismissed because it was unverified and had not been served upon the parties, as required by California Code of Regulations, title 8, section 10850. The petition was also dismissed because it contained misrepresentations of the facts, which is a violation of Labor Code section 5813.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ7643805
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