State Of California, Department Of Transportation; State Compensation Insurance Fund Karin Chen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKARIN CHEN, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION;STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ999430 (PAS 0009969)ADJ3798683 (LAO 0577997)ADJ1783473 (LAO 0785005)(Los Angeles District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DISMISSING PETITION FOR REMOVAL Applicant, in pro per, seeks reconsideration of the Order Denying Disqualification issued January 31, 2013, wherein the Appeals Board denied applicant’s Petition for Disqualification. In an unverified and untimely letter seeking reconsideration dated “April 16, 2013” and received by the Appeals Board April 12, 2013, applicant contends that the Appeals Board erred by denying applicant’s Petition for Disqualification arguing that the WCJ’s discovery orders issued in 2011 were unfair and unsound because her treating doctors have confirmed her injury. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition because it is successive and untimely. At the outset, we note that a petitioning party cannot seek reconsideration of the Appeals Board’s Order Denying Disqualification through another petition for reconsideration or removal. Successive 22 petitions, such as this one, are not allowed (see Crowe Glass Company v. IndustrialAcc. Com. (Graham) (1927) 84 Cal.App.287, 14 I.A.C. 221; Navarro v. A&A Farming (2002) 67 Cal.Comp.Cases 296 (Appeals Board en banc). Any party seeking review of an Appeals Board decision must petition for a writ of review to the Court of Appeals. Consequently, we will dismiss applicant’s petition as successive. We also note that there are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail upon an address in Cali
Karin Chen vs. State Of California, Department Of Transportation; State Compensation Insurance Fund
In this case, Karin Chen, an applicant, sought reconsideration of the Order Denying Disqualification issued January 31, 2013, wherein the Appeals Board denied her Petition for Disqualification. The Appeals Board dismissed her petition as successive and untimely, as well as her petition for removal. The Appeals Board also advised her to seek the advice of an attorney or the Information and Assistance Officer regarding the requirements for filing petitions with the Appeals Board.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ999430
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