Maria Gutierrez vs. Volt Information Sciences; American Home Assurance, By Gallagher Bassett

This case involves Maria Gutierrez appealing a decision by the Workers' Compensation Appeals Board (WCAB) regarding her workers' compensation claim against Volt Information Sciences and American Home Assurance, represented by Gallagher Bassett. The WCAB denied the defendant's original petition for reconsideration of the workers' compensation administrative law judge's (WCJ's) decision. The defendant then filed a second petition for reconsideration, which was dismissed as successive. The WCAB determined that the defendant could not 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.

Volt Information Sciences; American Home Assurance, by Gallagher Bassett Maria Gutierrez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA GUTIERREZ, Applicant,vs.VOLT INFORMATION SCIENCES; AMERICAN HOME ASSURANCE, by GALLAGHER BASSETT, Defendant(s).Case No. ADJ249271 (VNO 0541680)ADJ2342595 (VNO 0541714)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered the defendant’s petition for reconsideration of the Board’s decision of April 14, 2011, and determined that it must be dismissed.            On April 14, 2011, the Board denied defendant’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 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 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 4th Ed., 2000, § 21.63, pp. 1319-1320.) ,             For the foregoing reasons,            IT IS ORDERED that defendant’s petition for reconsideration be, and the same hereby is, DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________JOSEPH M. MILLER_______________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CAL

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