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Joan Valentine vs. Cb Richard Ellis, Inc; Zurich North America

CB Richard Ellis, INC; Zurich North America Joan Valentine WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA JOAN VALENTINE,Applicant,vs. CB RICHARD ELLIS, INC.; ZURICH NORTH AMERICA,Defendant(s).Case No. ADJ6509769OPINION AND ORDERGRANTING DECISION AND DECISION AFTERRECONSIDERATION            Applicant, who filed her petition for reconsideration in pro per1, seeks reconsideration of the June 1, 2010 Findings and Award, wherein the workers* compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to her low back on February 25, 2008 that caused 4% permanent disability. The WCJ also found that the applicant did not sustain an industrial injury to her right knee, right ankle, and in the form of a sleep disorder.            Applicant, in a timely, unverified petition for reconsideration/’ contends that the WCJ erred in finding that she did not sustain an injury’ to her right knee, arguing that-applicant’s attorney failed to enter the medical reports relating to her knee into evidence.            We considered applicant’s petition for reconsideration and reviewed the record in this matter. We received an answer from defendant. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition he dismissed because it is unverified, or, in the alternative, that it be denied. For the reasons discussed below, we will grant 1.            Applicant is represented by an attorney, although she filed the petition herself.2.            Labor Code section 5902 requires that all petitions for reconsideration “shall be verified upon oath in the manner required for verified pleadings in courts of record…” A lack of verification does not deprive the Appeals Board of jurisdiction to consider and act upon a petition. Pacific Tel A Tel. Co. v. IVCAR (Nichols) (1983) 48 CCC 530 (writ denied). Under some circumstances, such as where the applicant is in pro per, we will elect not to dismiss an


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