Home/Case Law/WILLIAM RUPERT vs. FRANK GISCHLER, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

WILLIAM RUPERT vs. FRANK GISCHLER, STATE COMPENSATION INSURANCE FUND

Filed: Sep 30, 2013
San Jose
ADJ6832971 ADJ8584017

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was an improper successive petition, as a prior denial of a Petition for Removal is not a final order subject to reconsideration. The Board cited that applicant's arguments were identical to his previous unsuccessful petition and that Labor Code section 5900 only allows reconsideration of final orders. The Board also warned the applicant against further improper filings, noting his history as a vexatious litigant and the disrespectful language used in his petition, which could lead to sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was an improper successive petition, as a prior denial of a Petition for Removal is not a final order subject to reconsideration. The Board cited that applicant's arguments were identical to his previous unsuccessful petition and that Labor Code section 5900 only allows reconsideration of final orders. The Board also warned the applicant against further improper filings, noting his history as a vexatious litigant and the disrespectful language used in his petition, which could lead to sanctions.

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