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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ982538 (SAC 0225494)
Regular
Jun 09, 2009

GARY SEABROOKS vs. BFI MEDICAL WASTE SYSTEMS, RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Gary Seabrooks' numerous petitions because they were filed without a corresponding final determination. The WCAB removed the case on its own motion to address Seabrooks' pattern of repeatedly filing unmeritorious and harassing documents, which has consumed significant board resources. Consequently, the WCAB has issued a notice of intention to declare Seabrooks a vexatious litigant and impose a prefiling order, restricting his ability to file future documents without prior leave. This action is intended to prevent further abuse of the workers' compensation system and allow for the expeditious resolution of other parties' cases.

Vexatious litigantpropria personapetitions for reconsiderationdismissalremovalnotice of intentionRule 10782Labor Code section 5310unmeritorious petitionsharassment
References
Case No. ADJ7785733 ADJ7632939 ADJ6541832
Regular
Apr 03, 2014

JOHN SHEK vs. STANFORD HOSPITAL & CLINICS, ACE INSURANCE, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied John Shek's petition for reconsideration of an order declaring him a vexatious litigant. Shek's three workers' compensation cases have been dismissed or denied by final order, with no viable appeal remaining. The Board adopted the judge's report, finding no significant prejudice from the vexatious litigant declaration and admonishing Shek for attaching excess documents. Shek is now subject to pre-filing requirements for any future filings with the Board.

Vexatious litigantPetition for reconsiderationWorkers' Compensation Appeals BoardInjured workerStanford Hospital & ClinicsAce InsuranceSedgwick Claims ManagementOrder denying reconsiderationPrefiling requirementsWCAB Rule 10782
References
Case No. ADJ9885284
Regular
May 26, 2016

Marva Smith vs. SCRIPPS HEALTH, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Marva Smith's petition for removal and disqualification of the presiding workers' compensation judge (PWCJ), adopting the PWCJ's report as the basis for the denial. Smith's challenges stemmed from a previous vexatious litigant finding. The WCAB also dismissed Smith's petition for reconsideration, finding it untimely and improper as a supplemental filing regarding the PWCJ's report. Consequently, the vexatious litigant order against Smith remains in effect.

Vexatious LitigantPetition for RemovalDisqualification of JudgePetition for ReconsiderationUntimely FilingJurisdictional Time LimitConditional FilingRule 10782(c)Rule 10848Labor Code 5900 et seq.
References
Case No. ADJ8191986, ADJ8717495
Regular
Oct 13, 2014

MICHAEL BEN GRAVES vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision denies Michael Ben Graves' two petitions for reconsideration and/or removal. The Board found the petitions were improper successive petitions or challenged non-final orders. Specifically, a prior order directing a vexatious litigant hearing was not a final determination, and the applicant failed to show prejudice or irreparable harm justifying removal. The Board affirmed its previous denial of the applicant's prior petitions and will proceed with the vexatious litigant hearing.

Vexatious litigantPetition for reconsiderationPetition for removalAppeals BoardFinal orderSubstantial prejudiceIrreparable harmSuccessive petitionNewly aggrievedExtraordinary remedy
References
Case No. ADJ422850 (RDG 0119112) ADJ1486375 (RDG 0119113)
Regular
Dec 26, 2008

CHARLES D. PINEDA vs. CALIFORNIA STATE UNIVERSITY BAKERSFIELD, SEDGWICK CLAIMS SERVICES, STATE OF CALIFORNIA DEPARTMENT OF HEALTH SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal, finding no final order was issued that would permit reconsideration, and the applicant failed to demonstrate significant prejudice or irreparable harm for removal. The WCAB will return the case to the trial level for a hearing on the defendant's petition to declare the applicant a vexatious litigant, as the applicant appears to be repeatedly relitigating issues and filing unmeritorious motions. The WCJ will then proceed with the trial if appropriate after determining the vexatious litigant status.

WCABPetition for ReconsiderationPetition for RemovalDeclaration of Readiness to ProceedVexatious LitigantFinal OrderInterlocutory OrderSanctionsDiscoveryReconsideration
References
Case No. ADJ10110995 (MF)
Regular
Jun 20, 2019

Preston Lee Brown Scott vs. City of Los Angeles

Applicant Preston Lee Brown Scott, previously declared a vexatious litigant, filed multiple documents seeking relief without obtaining the required pre-filing approval. The Workers' Compensation Appeals Board reviewed these filings and found no significant change in circumstances justifying reconsideration of prior rulings. Consequently, the Board issued an order stating that the submitted documents are not accepted for filing. This order reaffirms the pre-filing requirements for vexatious litigants absent representation by a licensed attorney.

Vexatious LitigantPre-Filing OrderAppeals Board Rule 10782In Pro PerApplication for AdjudicationDeclaration of ReadinessPleadingsPetitionLicensed AttorneyChange in Circumstances
References
Case No. ADJ1485139
Regular
Apr 28, 2015

VIVIAN CHAMBERS, (Deceased) VALENCIA CHAMBERS vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Valencia Chambers' Petition for Reconsideration, upholding the prior ruling that denied her claim for back pay and a death benefit. The Board adopted the Workers' Compensation Judge's report, which detailed the applicant's repeated attempts to relitigate issues previously decided and affirmed by the Court of Appeals. The Judge recommended the applicant be declared a vexatious litigant due to her conduct wasting board resources. The Board indicated the Judge could refer the vexatious litigant recommendation to the Presiding Judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationVexatious litigantStatute of LimitationsDeath benefitNew and further disabilityApplication for Adjudication of ClaimPetition for DisqualificationJudge shoppingBack pay
References
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
References
Case No. ADJ6621190 (MF)
Regular
Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness
References
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
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