Robert Stamps, vs. Kenny-shea-traylor-frontier-kemper, Jv;

In this case, the Workers' Compensation Appeals Board denied the petition for reconsideration filed by Kenny-Shea-Traylor-Frontier-Kemper Joint Venture. The WCJ had found that the defendant had engaged in serious and willful misconduct in violation of Labor Code section 4553, and that the applicant was entitled to a 50 percent increase in the value of all compensation paid through the workers' compensation claim. The Board denied the petition for reconsideration on the grounds that the defendant had notice of the lack of verification of its prior petition for reconsideration, that the Board had authority to dismiss a petition for reconsideration, that the rule of liberal construction did not apply to employers, and that the Board would have denied the petition on the

KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER, JV; ROBERT STAMPS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT STAMPS, Applicant,vs.KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER, JV; Defendant(s).Case No. ADJ4094302 (AHM 0101287)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant, Kenny-Shea-Traylor-Frontier-Kemper Joint Venture, seeks reconsideration of this Appeals Board’s “Opinion and Order Dismissing Petition for Reconsideration” of May 5, 2009, in which we dismissed, for lack of verification, defendant’s petition for reconsideration of the Findings and Award issued by the workers’ compensation judge (WCJ) on February 11, 2009. In that decision, the WCJ found, in relevant part, that defendant engaged in serious and willful misconduct in violation of Labor Code section 4553, and that applicant is entitled to a 50 percent increase in the value of all compensation paid through the workers’ compensation claim.            Defendant contends, in substance, that the Board should reconsider the order of dismissal on grounds of due process and the lack of adequate notice to defendant, that the order exceeds the Board’s statutory authority, that public policy favors decisions on the merits, that the rule of liberal construction requires consideration of defendant’s contentions on the merits, and that the Board should reverse its order of dismissal because it was caused by the mistake, inadvertence, or neglect of defendant’s attorneys.            Applicant filed an answer.            Based on our review of the record, we will deny the petition for reconsideration.             Regarding the issues of notice and due process, defendant had notice of the lack of verification of its prior petition for reconsideration by virtue of the fact that it was noted in the , WCJ’s Report and Recommendation on defendant’s prior petition. Despite having notice, defendant made no effort to cure the defect, other than filing the instant petition for reconsideration. Ther

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