Barbara Clark vs. San Joaquin Community Hospital: Self-Insurance Case

This case is about Barbara Clark's petition for reconsideration of the Findings and Award issued December 19, 2006, which was denied by the Workers' Compensation Appeals Board. Clark alleged that the professional legal corporation of defendant's counsel, Mr. Dennis Hershewe, was suspended and therefore his representation of the defendant, and any results thereof, before the Workers’ Compensation Appeals Board should be nullified. The Appeals Board dismissed the petition as being an unauthorized successive petition for reconsideration and Clark's recourse was to file a petition for writ of review in the Court of Appeal.

SAN JOAQUIN COMMUNITY HOSPITAL; Permissibly Self-Insured, Administered by ADVENTIST HEALTH SYSTEM, BARBARA CLARK, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA CLARK,, Applicant,vs.SAN JOAQUIN COMMUNITY HOSPITAL; Permissibly Self-Insured, Administered by ADVENTIST HEALTH SYSTEM,, Defendants).Case No.BAK 0112784OPINION AND ORDERDISMISSING PETITIONFOR RECONSIDERATION            Applicant. Barbara Clark, appearing in propria persona, has filed a third petition seeking reconsideration, from the Appeals Board’s March 8, 2007 Order, dismissing her prior petition for reconsideration of the Findings and Award, issued December 19, 2006. We shall dismiss this petition as being an unauthorized successive petition for reconsideration.            In the initial determination, a workers’ compensation administrative law judge (WCJ) denied applicant’s claim for continuing temporary disability and denied reimbursement for claims of self-procured medical treatment prior to August 10, 2005, as well as claims for penalties and sanctions. On reconsideration, the Appeals Board dismissed applicant’s petition from that final determination for the reasons set forth in the WCJ’s Report and Recommendation on Petition for Reconsideration. Wc further indicated that had none of the procedural errors been present, applicant’s petition would have been denied on the merits.            Applicant’s second petition raised issues under Labor Code section 5903(b) and WCAB Rule 10856. on the grounds that the Appeals Board’s and the WCJ’s determinations were procured by fraud. Applicant alleged that she had recently discovered that the professional legal corporation of Mr. Dennis Hershewe, defendant’s counsel, was suspended and therefore his representation of the defendant, and any results thereof, before the Workers’ Compensation Appeals Board should , be nullified. We denied applicant’s second petition on the grounds that the allegations concerning defendant’s counsel’s conduct did not

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