Thermo Laser Science, St. Paul Travelers and Matrix Absence Management Thu-Ha Tran WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHU-HA TRAN, Applicant,vs.THERMO LASER SCIENCE, ST. PAUL TRAVELERS and MATRIX ABSENCEMANAGEMENT, Defendant(s).Case No. ADJ2623515 (SJO 0244721),ADJ1776322 (SJO 0250018)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION Defendant, Matrix Absence Management (Matrix), seeks reconsideration of the Findings and Order issued November 18, 2009, wherein the workers’ compensation arbitrator (WCA) found that Matrix “has not provided substantial evidence upon which to require St. Paul Travelers to reimburse it for 75% of its cost of treating the applicant’s lumbar spine” and that “St. Paul Travelers has not provided substantial evidence upon which to require [Matrix] to reimburse it for 25% of its cost of treating the applicant’s lumbar spine.” The WCJ ordered that “both defendants herein shall take nothing by reason of any claim for reimbursement.” In an unverified Petition for Reconsideration, Matrix contends that the WCA erred by ordering that it shall take nothing by reason of its claim for reimbursement arguing that the arbitrator’s Opinion on Decision “impli[ed] that further discovery is necessary.” Matrix further argued that “the majority of responsibility” for medical treatment costs is attributable to Travelers Insurance. Travelers Insurance filed an Answer. In the Report and Recommendation on Petition for Reconsideration (Report), the WCA set forth the factual and legal bases for the decision. The WCJ also noted petitioner’s lack of verification of the petition. , For the reasons set forth in the WCA’s Report, which we adopt and incorporate, we will dismiss defendant’s petition. Labor Code section 5902 requires that a petition for reconsideration be verified. In Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 (Significant Panel Decision), it was held that whe
Menu
