Rosalinda Cervantes — ADJ8292326

Lien claimant Alan Moelleken, M.D./Spine & Ortho Center filed a Petition for Reconsideration on June 29, 2021, challenging a WCJ decision regarding disputed treatment of applicant Rosalinda Cervantes. The Board dismissed the petition because it was filed without proof of service on all adverse parties as required by Labor Code section 5905, including applicant, applicant's attorney, and other lien claimants on the Official Address Record such as Duran Interpreting Services. The Board found that the petitioner failed to cure the defective service despite being alerted to it by defendant's answer and the WCJ's Report. The Board further noted it would have denied the petition on the merits because the petitioner misstated the record in violation of WCAB Rule 10945. The Board admonished the petitioner for filing a pleading containing false or substantially misleading statements in violation of section 5813 and Rule 10421(5), warning that future noncompliance may result in sanctions.