Home/Case Law/JOSEFINA MARTINEZ vs. HEINZ PET PRODUCTS, LIBERTY MUTUAL INSURANCE COMPANY, IMPRESS PACKAGING HOLDINGS, INC., AMERICAN HOME ASSURANCE COMPANY, CHARTIS CLAIMS, INC.
Regular DecisionReconsideration

JOSEFINA MARTINEZ vs. HEINZ PET PRODUCTS, LIBERTY MUTUAL INSURANCE COMPANY, IMPRESS PACKAGING HOLDINGS, INC., AMERICAN HOME ASSURANCE COMPANY, CHARTIS CLAIMS, INC.

Filed: Jun 29, 2010
San Francisco
ADJ716019 (MON 0297841) ADJ2383169 (MON 0297839) ADJ3880076 (MON 0297837)

CompFox AI Summary

This Workers' Compensation Appeals Board (WCAB) opinion dismisses a lien claimant's second petition for reconsideration. The WCAB had already denied the claimant's initial petition on April 28, 2010. Filing a successive petition to challenge a prior WCAB decision, after reconsideration was already denied, is procedurally improper. California law dictates that after a WCAB decision, the proper avenue for further appeal is a writ of review, not another petition for reconsideration. Therefore, the Board dismissed the lien claimant's petition.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board (WCAB) opinion dismisses a lien claimant's second petition for reconsideration. The WCAB had already denied the claimant's initial petition on April 28, 2010. Filing a successive petition to challenge a prior WCAB decision, after reconsideration was already denied, is procedurally improper. California law dictates that after a WCAB decision, the proper avenue for further appeal is a writ of review, not another petition for reconsideration. Therefore, the Board dismissed the lien claimant's petition.

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