Heinz Pet Products; Liberty Mutual Insurance Company; Impress Packaging Holdings, Inc.; American Home Assurance Company, Administered By Chartis Claims, Inc. (Formerly Aig) Josefina Martinez WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEFINA MARTINEZ, Applicant,vs. HEINZ PET PRODUCTS; LIBERTY MUTUAL INSURANCE COMPANY; IMPRESS PACKAGING HOLDINGS, INC.; AMERICAN HOME ASSURANCE COMPANY, administered by CHARTIS CLAIMS, INC. (formerly AIG), Defendant,Case No. ADJ716019; ADJ2383169; ADJ3880076OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION We Have considered the lien claimant’s petition for reconsideration of the Board’s decision of April i?8, 2010, and determined that it must be dismissed. On April 28, 2010, the Board denied lien claimant’s original petition for reconsideration of the workers’ compensation administrative law judge’s (WCJ’s) decision. Petitioner has now- filed a second Petition for Reconsideration challenging both the original decision by the WCJ and the Board’s decision. The petition must be dismissed as consecutive or successive. When the Board has denied or dismissed a petition for reconsideration, or has reached a decision on the record without admitting and considering new evidence, the petitioning party cannot attack the Board’s action by another petition for reconsideration, but must petition for writ of review or be bound by the Board’s decision. (Crowe Glass Company v. I.A C. (Graham) (1927) 84 Cal.App. 287 [14 I.A.C. 221); Navarro v. A&A Farming (2002) 67 Cal.Comp.Cases 296, WCAB cn banc, writ denied 67 Cal.Comp.Cascs 1364; Navarro v A&A Farming (2002) 67 Cal.Comp.Cases 296, WCAB cn banc; writ denied 67 Cal.Comp.Cases 1364; 2 California Workers’ Comp. Practice, Cal. CEB 4th Ed., 2000, § 21.63, pp. 1319-1320.) , For the foregoing reasons, IT IS ORDERED that applicant’s petition for reconsideration be, and the same hereby is, DISMISSED.WORKERS’ COMPENSA TION APPEALS BOARD___________________
Josefina Martinez vs. Insurance Companies in Workers' Comp Case
This case involves Josefina Martinez and four defendants: Heinz Pet Products, Liberty Mutual Insurance Company, Impress Packaging Holdings, Inc., and American Home Assurance Company, administered by Chartis Claims, Inc. (formerly AIG). The Workers' Compensation Appeals Board denied the lien claimant's original petition for reconsideration of the workers’ compensation administrative law judge’s decision. The lien claimant then filed a second petition for reconsideration, which was dismissed as consecutive or successive. The Board's decision was upheld and the petition for reconsideration was dismissed.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ716019
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