Luis Mejia, vs. Marquez Brothers Foods, Inc.; Ciga On Behalf Of Pacific National, In Liquidation, By Its Servicing Facility, Intercare Insurance Services,

is a case in which Luis Mejia sought reconsideration of the Appeals Board's Order Denying Reconsideration, which denied his Petition for Reconsideration. The Appeals Board dismissed the petition as impermissibly successive, as a party aggrieved by a final Appeals Board decision must petition for a writ of review to the Court of Appeal.

MARQUEZ BROTHERS FOODS, INC.; CIGA on behalf of PACIFIC NATIONAL, in liquidation, by its servicing facility, INTERCARE INSURANCE SERVICES, LUIS MEJIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS MEJIA, Applicant,vs.MARQUEZ BROTHERS FOODS, INC.; CIGA on behalf of PACIFIC NATIONAL, inliquidation, by its servicing facility, INTERCARE INSURANCE SERVICES, Defendant(s).Case No. ADJ3733087 (SAC 0298774) OPINION AND ORDER DISMISSING RECONSIDERATION            Applicant seeks reconsideration of the Appeals Board’s own Order Denying Reconsideration, issued March 23, 2009, wherein the Appeals Board denied applicant’s Petition for Reconsideration. The Appeals Board specifically adopted and incorporated the Report and Recommendation on Petition for Disqualification (report) issued by the Workers’ Compensation Administrative Law Judge (WCJ) on December 24, 2008.            Applicant contends that the Appeals Board erred by denying applicant’s prior Petition for Reconsideration restating applicant’s original contentions and asking the Appeals Board to consider the case of Barr v. Workers’ Comp. Appeals Bd. (2008) 73 Cal.Comp.Cases 763.            Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition as impermissively successive.            A petitioning party cannot attack the Appeals Board order through another petition for reconsideration. Successive petitions, such as this one, are not allowed (see 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 en banc). A party aggrieved by a final Appeals Board decision must petition for a writ of review to the Court of Appeal./// ,             Applicant’s petition seeks reconsideration of our prior decision wherein we denied applicant’s prior Petition for Reconsideration. Accordingly, the petition must be dismissed as successive.            For the foregoing reasons,            IT

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