BFI MEDICAL WASTE SYSTEMS; RISK SERVICES, GARY SEABROOKS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY SEABROOKS, Applicant,vs.BFI MEDICAL WASTE SYSTEMS; RISK SERVICES, Defendants.Case No. ADJ982538 (SAC 0225494)OPINION AND ORDERS DISMISSING PETITIONS FOR RECONSIDERATION, GRANTING REMOVAL AND NOTICE OF INTENTION TO DECLARE APPLICANT A VEXATIOUS LITIGANT On April 10, 2009, applicant Garry Seabrooks, appearing in propria persona, filed seven petitions seeking, inter alia, reconsideration, disqualification of the workers’ compensation administrative law judge (WCJ), and several diverse petitions raising allegations of impropriety on the part of the WCJ and the Appeals Board. These petitions were not filed in response to any orders, decisions or awards issued in this matter. The last action in this case was an order, issued by the WCJ on July 15, 2008, denying, with leave to renew, defendant’s motion to have applicant declared a vexatious litigant pursuant to Code of Civil Procedure section 391(b) 1 and 2. On June 29, 2008, just prior to the WCJ’s order, we issued an Opinion and Order Dismissing Petition for Reconsideration, in which we noted that applicant’s had filed multiple petitions for reconsideration in the absence of a final determination, objecting to defendant’s motion to have applicant declared a vexatious litigant. We returned the matter to the trial level, at the request of the WCJ, for a ruling on defendant’s motion. There has been no final determination from which reconsideration may be sought, and there is no action pending which necessitates us to exercise our power to remove the case to the Appeals Board. Therefore, we shall dismiss all of applicant’s petitions. However, in view of applicant’s , conduct in filing seven unmeritorious petitions, and for the reasons set forth below, we shall remove this matter to the Appeals Board on Board Motion, pursuant to Labor Code section 5310, in order to issue a no
Gary Seabrooks, vs. Bfi Medical Waste Systems; Risk Services,
- Filed On:
- Court: California, Sacramento
- Case No. ADJ982538
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