SANTOS ALVARADO vs. AMERIPEC, INC.; COMPWEST INSURANCE COMPANY

In the case of Santos Alvarado vs. Ameripec, Inc. and Compwest Insurance Company, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration due to it not being served upon all adverse parties, in violation of Labor Code section 5905. Furthermore, the Board warned the attorney, Albert A. Navarra, that any further infractions would result in sanctions under Labor Code section 5813.

AMERIPEC, INC.; COMPWEST INSURANCE COMPANY SANTOS ALVARADO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTOS ALVARADO, Applicant,vs.AMERIPEC, INC.; COMPWEST INSURANCE COMPANY, Defendants.Case No. ADJ8079940(Van Nuys District Office)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 (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, we note that the petition was not served upon all adverse parties, in violation of Labor Code section 5905. Therefore, we will dismiss it. (2 Cal. Workers’ Comp. Practice (Cont. Ed. Bar, June 2012 Update) Reconsideration, §§ 21.38-21.39, pp. 1707-1709.)            Furthermore, had the petition been properly served, for the reasons stated by the WCJ in the Report, which we adopt and incorporate, we would deny on the merits.            In addition, we note that Albert A. Navarra, the attorney who failed to properly serve the Petition for Reconsideration herein, is leaving a trail of misdeeds in other Petitions for Reconsiderations filed before this Board. In Ramirez v. Command Packaging, (ADJ7939634, et al.), Mr. Navarra failed to provide his state bar number and apparently used a fake one instead, in violation of Court Administrator Rule 10232 and WCAB Rule 10845. (Cal. Code Regs., tit. 8, §§ 10232, 10845.) In Cook v. American Tow, (ADJ7392621), Mr. Navarra filed a Petition for Reconsideration in which he misrepresented the record, a serious violation of WCAB Rule 10842. (Cal. Code Regs., tit. 8, 10842.)            Due to Mr. Navarra’s flouting of the relevant statutes and WCAB’s rules as set forth above, we warn him that any petition he files with this Board will be scrutinized, and any further infraction will result in sanctions under Labor Code section 5813. ,             For the foregoing reasons,            IT I

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