Robert Harlow vs. Steiny & Company; Cna Insurance Company

In this case, Robert Harlow, the applicant, sought reconsideration of an Order Denying Reconsideration issued by the Workers' Compensation Appeals Board. The Board denied the petition for reconsideration, stating that successive petitions for reconsideration are not allowed and that a party aggrieved by a final Appeals Board decision must petition for a writ of review to the Court of Appeal. The petition was dismissed as permissively successive.

Steiny & Company; Cna Insurance Company Robert Harlow WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT HARLOW, Applicant,vs.STEINY & COMPANY; CNA INSURANCE COMPANY, Defendant(s).Case Nos. PAS 0016590; PAS 0016591OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Applicant, in pro per, seeks reconsideration of the Order Denying Reconsideration issued November 8. 2007, wherein the Appeals Board denied applicant’s prior Petition for Reconsideration filed October 15. 2007. The Appeals Board specifically adopted and incorporated the Report and Recommendation on Petition for Reconsideration (Report) issued by the workers’ compensation administrative law judge (WCJ) on October 19, 2007.            Applicant contends that the Appeals Board erred by denying applicant’s prior Petition for Reconsideration restating applicant’s original contentions that the WCJ erred by allowing applicant’s former counsel to withdraw as attorney of record.            Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s petition as permissively successive.            A petitioning party cannot attack the Appeals Board order through another petition for reconsideration. Successive petitions for reconsideration, such as this one, are not allowed (see Crowe Glass Company v. IA.C (Graham) (1927) 84 Cal.App.287. 14 I.A.C. 221; Navarro v. A&A Farming (2002) 67 Cal.Comp.Cascs 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 IS ORDERED that applicant’s Petition for Reconsideration, be, and the same hereby is,DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONC

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.