BFI MEDICAL WASTE SYSTEMS; RISK SERVICES, GARRY SEABROOKS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARRY SEABROOKS, Applicant,vs.BFI MEDICAL WASTE SYSTEMS;RISK SERVICES, Defendants.Case No. ADJ982538 (SAC 0225494)ORDER DECLARING APPLICANT A VEXATIOUS LITIGANT AND PRE-FILING ORDER On June 9, 2009, we issued a Notice of Intention to Declare Applicant a Vexatious Litigant, and we gave the parties 30 days to file a written response. We have received and considered applicant’s timely response. For the reasons stated in our June 9, 2009 Notice of Intention, which we incorporate by reference herein, and for the reasons discussed below, we will declare applicant a vexatious litigant and enter a pre-filing order.I. In the Notice of Intention, we reviewed the history of the litigation in applicant’s case and applicant’s propensity for filing multiple, repetitive, largely incomprehensible petitions to illustrate the basis for our conclusion that we can no longer condone his conduct. In response to the Notice of Intention, applicant has filed a largely unresponsive handwritten brief reiterating his previously rejected contentions of error and discrimination, as well as his unfounded allegations of criminal conduct by the WCJ and defendant. Applicant’s brief, similar to his prior filings, reviews the entire history of his claim, beginning in 1995, and provides his analysis of the facts which he contends entitles him to an award of total permanent disability, as well as an award of increased benefits under Labor Code , section 132a for defendant’s alleged discriminatory conduct. He reiterates his’ claims of misconduct by defendant as well as allegations of bribery and fraud by the WCJ. No where does I applicant respond to our Notice of Intention, which directed that responses “shall address only the subject of this notice (declaration of applicant as a vexatious litigant),” and that “any comments on other issues,. and any response
Garry Seabrooks, vs. Bfi Medical Waste Systems; Risk Services,
In this case, Garry Seabrooks was declared a vexatious litigant by the Workers' Compensation Appeals Board due to his propensity for filing multiple, repetitive, largely incomprehensible petitions and his unwillingness or inability to alter his behavior and abide by the rulings of and direction from the Appeals Board. A pre-filing order was also issued, requiring that any petitions or documents lodged by Seabrooks be reviewed by the Presiding WCJ or the Appeals Board before being accepted for proper filing.
- Filed On:
- Court: California, Sacramento
- Case No. ADJ982538
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