Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, 5900(a)
A party must be aggrieved by a final order, decision, or award to seek reconsideration.
Applicant was not aggrieved because no final order or decision existed for March 25, 2022.
From the decision · page 1To the extent that applicant seeks reconsideration of a decision issued on "3-25-2022," no
such decision exists. Therefore, applicant is not aggrieved. In order to properly seek
reconsideration, a party must be "aggrieved directly or indirectly by a final order, decision, or
award" made and filed by a WCJ or the Appeals Board. (Lab. Code, § 5900(a).) A final order,
decision, or award is one that determines a substantive right or liability of those involved in the
case. (Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (1978) 82 Cal.App.3d 39 [43
Lab. Code, 5902
Petition for reconsideration must be verified and set forth grounds in full detail.
Petition was unverified and skeletal, failing to state grounds in full detail.
From the decision · page 2Additionally, Labor Code section 59021 requires that a petition for reconsideration be
verified. (Lab. Code, § 5902; see also Cal. Code Regs., tit. 8, § 10510(d).) 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 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 applicant 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 on these grounds, as well.
Cal. Code Regs., tit. 8, 10945; Cal. Code Regs., tit. 8, 10972
Petition may be dismissed if skeletal or unsupported by specific references to the record.
Petition was skeletal and lacked specific references to the record or law.
From the decision · page 2Moreover, Appeals Board Rule 10945 provides that a petitioner seeking reconsideration is
to state each contention clearly and separately, and to set forth all material evidence. (Cal. Code
Regs., tit. 8, § 10945.) Appeals Board Rule 10972 provides 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, § 10972.)