Ronda C. Boyd, vs. The Case Group Architects, Inc.; American Motorist Insurance Company, Administered By Broadspire; Travelers Insurance Company,

This case involves a dispute between Ronda C. Boyd, the applicant, and The Case Group Architects, Inc., American Motorist Insurance Company, administered by Broadspire, and Travelers Insurance Company, the defendants. The Appeals Board denied American Motorist Insurance Company's (AMIC) original petition for reconsideration of the Decision, Findings and Order of the Arbitrator that issued on May 11, 2009. AMIC then filed a second petition for reconsideration, which was dismissed as a successive petition. The Appeals Board ordered that AMIC's petition for reconsideration be dismissed.

THE CASE GROUP ARCHITECTS, INC.; AMERICAN MOTORIST INSURANCE COMPANY, administered by BROADSPIRE; TRAVELERS INSURANCE COMPANY, RONDA C. BOYD, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONDA C. BOYD, Applicant,vs.THE CASE GROUP ARCHITECTS, INC.;AMERICAN MOTORIST INSURANCE COMPANY, administered by BROADSPIRE; TRAVELERS INSURANCE COMPANY, Defendant(s).Case No. ADJ2342591 (SDO 0296648)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered defendant American Motorist Insurance Company’s (AMIC) petition for reconsideration of the Arbitrator’s decision of May 11, 2009, and determined that it must be dismissed.            On July 30, 2009, the Appeals Board denied AMIC’s original petition for reconsideration of the Decision, Findings and Order of the Arbitrator that issued on May 11, 2009. By that decision, the Arbitrator concluded that AMIC had not met its burden of proving entitlement to contribution for payments made pursuant to the June 20, 2005 Award and for the lien of the 4600 Group in the amount of $29,212.26. AMIC has now filed a second petition for reconsideration challenging again the original Decision, Findings and Order by the Arbitrator.            The petition for reconsideration must be dismissed as consecutive or successive. When the Appeals 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 Appeals 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 en banc, writ denied 67 Cal.Comp.Cases 1364; Navarro v A&A Farming (2002) 67 , Cal.Comp.Cases 296, WCAB en banc; writ denied 67 Cal.Comp.Cases 1364; 2 California Workers’ Comp. Practice, Cal. CEB 4h Ed., 2000, § 21.

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