Sofia Sainz vs. Custom Food Products; State Compensation Insurance Fund

In this case, Sofia Sainz filed a Petition for Reconsideration with the Workers' Compensation Appeals Board of the State of California. The Board dismissed the petition as skeletal, as it failed to set forth the grounds upon which the petitioner considered the final order to be unjust or unlawful, and failed to contain a general statement of any evidence or other matters upon which the applicant relied in support thereof. The Board also admonished defense attorney Sylvia Bedrossian with State Compensation Insurance Fund for her failure to comply with WCAB Rules 10945 and 10972 in filing a skeletal petition. The Petition for Reconsideration was dismissed.

Custom Food Products; State Compensation Insurance Fund Sofia Sainz WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIASOFIA SAINZ, Applicantvs.CUSTOM FOOD PRODUCTS; STATE COMPENSATION INSURANCE FUND, DefendantsAdjudication Numbers: ADJ626279 (LAO 0846151), ADJ2965749 (LAO 0846150) Los Angeles District OfficeOPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review, the petition will be dismissed as skeletal.            The Labor Code requires that: The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers’ compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (Lab. Code, § 5902, emphasis added.)            Moreover, the Appeals Board Rules provide in relevant part: (1) that “[e]very petition for reconsideration … shall fairly state all the material evidence relative to the point or points at issue [and] [e]ach contention contained in a petition for reconsideration … shall be separately stated and clearly set forth” (Cal. Code Regs., tit. 8, former § 10842, now § 10945 (eff. Jan. 1, 2020) and (2) that “a petition for reconsideration … may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved” (Cal. Code Regs., tit. 8, former § 10846, now § 10972 (eff. Jan. 1, 2020). ,             In accordance with section 5902 and WCAB Rules 10945 and 10972, the Appeals Board m

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