CompFox AI Summary
This case involves a lien claimant's second petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed as successive. The WCAB held that a party cannot file a second reconsideration petition unless newly aggrieved or if new evidence not presented at trial was the basis for the WCAB's prior decision. In this instance, the prior decision was based on existing findings and did not involve new evidence, thus rendering the subsequent petition improper. The WCAB reiterated that such matters are typically addressed through a writ of review.
Full Decision Text1 Pages
This case involves a lien claimant's second petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed as successive. The WCAB held that a party cannot file a second reconsideration petition unless newly aggrieved or if new evidence not presented at trial was the basis for the WCAB's prior decision. In this instance, the prior decision was based on existing findings and did not involve new evidence, thus rendering the subsequent petition improper. The WCAB reiterated that such matters are typically addressed through a writ of review.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.