Little, Derrick

Derrick Little, a cement mixer driver injured in 1997, sought reconsideration of a November 7, 2024 Order Taking Off Calendar in which the WCJ found 'no valid issue pending' at a status conference. Little had previously resolved his workers' compensation claim and a Labor Code section 132a claim via settlements approved in 2007 and 2009, and had unsuccessfully litigated efforts to set those settlements aside through 2012, including denied petitions to the Court of Appeal and California Supreme Court. The Board found the OTOC was not a final order and analyzed the petition under the removal standard, concluding applicant failed to show substantial prejudice or irreparable harm. More fundamentally, the Board held that applicant raised no new issues and was not 'newly aggrieved' because he was attempting to relitigate matters previously finally determined. The Board dismissed the petition and warned applicant that further repetitive, meritless filings could lead to vexatious litigant proceedings under WCAB Rule 10430.