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This Workers' Compensation Appeals Board (WCAB) opinion dismisses a lien claimant's second petition for reconsideration. The WCAB had already denied the claimant's initial petition on April 28, 2010. Filing a successive petition to challenge a prior WCAB decision, after reconsideration was already denied, is procedurally improper. California law dictates that after a WCAB decision, the proper avenue for further appeal is a writ of review, not another petition for reconsideration. Therefore, the Board dismissed the lien claimant's petition.
JOSEFINA MARTINEZ vs. HEINZ PET PRODUCTS, LIBERTY MUTUAL INSURANCE COMPANY, IMPRESS PACKAGING HOLDINGS, INC., AMERICAN HOME ASSURANCE COMPANY, CHARTIS CLAIMS, INC. is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
This Workers' Compensation Appeals Board (WCAB) opinion dismisses a lien claimant's second petition for reconsideration. The WCAB had already denied the claimant's initial petition on April 28, 2010. Filing a successive petition to challenge a prior WCAB decision, after reconsideration was already denied, is procedurally improper. California law dictates that after a WCAB decision, the proper avenue for further appeal is a writ of review, not another petition for reconsideration. Therefore, the Board dismissed the lien claimant's petition.
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