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PanelDismissed

Perry, Kevin

KEVIN PERRY, Applicant vs. ASSET PROTECTION AND SECURITY SERVICES L.P.; INSURANCE COMPANY OF THE STATE OF PA, administered by GALLAGHER BASSETT SERVICES for AIG CLAIMS, Defendants

ADJ number: ADJ18890787
Decision date: Mar 31, 2025
District office: San Diego
WCJ: —
Claim administrator: Gallagher Bassett Services for AIG Claims (administering for Insurance Company of the State of PA)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSE H. RAZO, COMMISSIONER

Injury / body parts: circulatory system, musculoskeletal, psyche, stress, other

LC §5909LC §5900LC §5313LC §5903LC §5952LC §5908.5LC §132aCCR §10964CCR §10842CCR §10945CCR §10430

Summary

Applicant Kevin Perry, in pro per, sought reconsideration of a September 24, 2024 Order Dismissing Case with Prejudice that dismissed his newly filed cumulative trauma claim (ADJ18890787) against Asset Protection based on res judicata. Perry had previously litigated a cumulative trauma claim against the same employer for the same body parts (ADJ10622598), which resulted in a 2022 'take nothing,' and he had also been declared a vexatious litigant. The WCAB first confirmed it timely acted on the petition under amended Labor Code section 5909, noting transmission and service of the Report occurred on January 31, 2025. The Board found it could not evaluate applicant's contentions absent an adequate record and concluded the petition was premature. The Board dismissed the petition and returned the matter to the trial level, recommending the WCJ treat the filing as a petition to set aside the Order Dismissing.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.