Home/Case Law/DONALD CARVER vs. INVESTMENT ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DONALD CARVER vs. INVESTMENT ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

Filed: Jan 03, 2018
San Francisco
ADJ144234 (VNO 0533862)

CompFox AI Summary

This case involves a lien claimant's second petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed as successive. The WCAB held that a party cannot file a second reconsideration petition unless newly aggrieved or if new evidence not presented at trial was the basis for the WCAB's prior decision. In this instance, the prior decision was based on existing findings and did not involve new evidence, thus rendering the subsequent petition improper. The WCAB reiterated that such matters are typically addressed through a writ of review.

Full Decision Text1 Pages

This case involves a lien claimant's second petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed as successive. The WCAB held that a party cannot file a second reconsideration petition unless newly aggrieved or if new evidence not presented at trial was the basis for the WCAB's prior decision. In this instance, the prior decision was based on existing findings and did not involve new evidence, thus rendering the subsequent petition improper. The WCAB reiterated that such matters are typically addressed through a writ of review.

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