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Nick Corello, vs. Goldman Magdalin Ani Krikes, Film Payment Ser, Film Payment Service, Inc., Cipolla And Calaba, Molfetta & Associates, National Fire Insurance Co.,

Goldman Magdalin Ani Krikes, Film Payment Ser, Film Payment Service, Inc., Cipolla And Calaba, Molfetta & Associates, National Fire Insurance Co., Nick Corello, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICK CORELLO,Applicant,vs.GOLDMAN MAGDALIN ANI KRIKES, FILM PAYMENT SER, FILM PAYMENT SERVICE, INC., CIPOLLA AND CALABA, MOLFETTA & ASSOCIATES, NATIONALFIRE INSURANCE CO.,Defendants.Case No. ADJ3478048 (VNO 0376745)OPINION 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 of the record, the petition is unverified and will be dismissed.            Labor Code section ‘5902 requires that a petition for reconsideration be verified. (See also Cal. Code Regs., tit. 8, § 10450(e).) In Lucena v. Diablo Auto Body (2000) 65 Cal.Comp.Cases 1425 (Significant Panel Decision), it was held that where a petition for reconsideration is not verified as required by section 5902, the petition may be dismissed if the petitioner has been given notice of the defect (either by the WCJ’s report or by the respondent’s answer) unless, within a reasonable time, the petitioner either: (1) cures the defect by filing a verification; or (2) files an explanation that establishes a compelling reason for the lack of verification and the record establishes that the respondents are not prejudiced by the lack of verification.            Here, the Petition for Reconsideration is not verified and notice of this defect was specifically given by the WCJ in the report. Moreover, a reasonable period of time has elapsed, but petitioner has neither cured the defect by filing a verification nor offered an explanation of why a verification cannot be filed. Accordingly, we will dismiss the petition. ,             If we were not dismissing the petition for lack of verification, we would ha

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