Petition for Reconsideration was unverified and no verification was filed after notice of defect.
Favours Defendant prevailed
The lack of verification is a procedural defect requiring dismissal under Labor Code section 5902 and WCAB Rule 10940(c).
From the decision · page 5Here, the Petition for Reconsideration is not verified and notice of this defect was
specifically given in the WCJ's Report. (Report, at pp. 1, 6.) 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.
Petition failed to cite any statutory grounds for reconsideration under Labor Code section 5903.
Favours Defendant prevailed
Without statutory grounds, the petition cannot proceed and must be dismissed.
From the decision · page 5In addition, section 5903 specifies the grounds upon which a petition for reconsideration
may be based, including "(a) [t]hat by the order, decision, or award made and filed by the appeals
board or the workers' compensation judge, the appeals board acted without or in excess of its
powers; (b) [t]hat the order, decision, or award was procured by fraud; (c) [t]hat the evidence does
not justify the findings of fact; (d) [t]hat the petitioner has discovered new evidence material to
him or her, which he or she could not, with reasonable diligence, have discovered and produced at
the hearing; or (e) [t]hat the findings of fact do not support the order, decision, or award." (Lab.
Code, § 5903.) Here, however, lien claimant's petition cites none of the exclusive grounds for
reconsideration referenced in section 5903.
Petition was skeletal and failed to make specific references to the evidentiary record or law.
Favours Defendant prevailed
This failure undermines the petition's validity and supports dismissal under WCAB Rule 10972.
From the decision · page 5In addition, WCAB Rule 10972 (Cal. Code Regs., tit. 8, § 10972) provides that "[a] petition
for reconsideration, removal or disqualification may be denied or dismissed if it is unsupported by
specific references to the record and to the principles of law involved." Here, lien claimant's
petition offers unspecified allegations without reference to the evidentiary record. The petition
offers no substantive discussion of the bill of particulars or the testimony of the sole witness at
trial, as expressly relied upon by the WCJ in determining reasonable attorney's fees. Accordingly,
lien claimant's petition is skeletal insofar as it fails to describe valid grounds challenging the F&O
and fails to make specific reference to the record.