Clark Pest Control; Gallagher Bassett Services, Inc. Brian Carrasco WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRIAN CARRASCO, Applicant,vs.CLARK PEST CONTROL; GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ2948353 (SAL 0116403)(San Jose District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION On November 27, 2012, applicant, who is not represented by an attorney, filed a “Petition for Reconsideration or a New Trial.” In this document, applicant repeats the contentions he had made in his “Petition for Reconsideration or a New Trial,” which he had filed on September 12, 2012, and which we dismissed in our Order Dismissing Petition for Reconsideration dated October 4, 2012. The present petition is thirty-four pages long and is mostly single spaced, in violation of Court Administrator Rules 10232(a)(10) and (11) (Cal. Code Regs., tit. 8, §§ 10232(a)(10) and (11)). There have been no judicial proceedings since our Order dated October 4, 2012. None is scheduled. There have been no orders, awards or decision since our Order dated October 4, 2012. The present petition is successive. If applicant had been aggrieved by our Order dated October 4, 2012, his remedy was to file a petition for writ of review at the Court of Appeal (Labor Code section 59501). He has not done so. Our Order dated October 4, 2012, is final, and it cannot be challenged by any petition filed at the WCAB. To the extent that the petition can be construed as a petition to reopen, it is untimely (section 5804). 1 Unless otherwise specified, all statutory references are to the Labor Code. , Therefore, we dismiss the petition. We further admonish applicant that any further effort to relitigate the issues raised in the present petition may result in his being declared a vexatious litigant pursuant to Rule 10782(a)(1).For the foregoing reasons,IT IS ORDERED that applicant’s “Petition for Reconsideration or a New Trial” is DISMISSED.WORK
Brian Carrasco vs. Clark Pest Control: Gallagher Bassett Services
In this case, Brian Carrasco filed a Petition for Reconsideration or a New Trial against Clark Pest Control and Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition as it was a successive petition and untimely. The Board also admonished Carrasco that any further effort to relitigate the issues raised in the petition may result in him being declared a vexatious litigant.
- Filed On:
- Court: California, Salinas
- Case No. ADJ2948353
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