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PanelDismissed

Murphy, Shannon

SHANNON MURPHY, Applicant vs. OAKLAND UNIFIED SCHOOL DISTRICT AND JT2 INTEGRATED RESOURCES, Defendants

ADJ number: ADJ3370297
Decision date: Date unavailable
District office: Oakland
WCJ: Gene Lam
Claim administrator: JT2 Integrated Resources
Commissioners: —

LC §5900LC §5903LC §132aLC §5410LC §5803LC §5804CCR §10605CCR §10600CCR §10940CCR §10615CCR §10430

Summary

Applicant Shannon Murphy, in pro per, filed a Petition for Reconsideration on November 17/20, 2023, challenging the WCJ's prior determination that no Labor Code 132a discrimination occurred and contending his military service excused his untimely filing. The case in chief had settled by Compromise and Release in 2004, and the 132a claim was decided against applicant by WCJ Lippa in 2005, with prior reconsideration petitions dismissed as untimely in 2014 and 2015. The Appeals Board found the November 2023 petition was filed more than 25 days after any prior decision and that no order or determination subject to reconsideration had issued. The Board dismissed the petition as untimely and jurisdictionally barred, adopting the PWCJ's report. The Board also advised applicant that his repetitive, meritless filings could lead to vexatious litigant proceedings under WCAB Rule 10430, noting a 2012 Superior Court vexatious litigant prefiling order in the record.

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.