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PanelDismissed

James Vessels — ADJ11997989, ADJ2534190, ADJ3372314, ADJ470082, ADJ6672465

JAMES VESSELS, Applicant vs. CRUZ MODULAR, INC.; LABOR READY; ENSTAR US; ESIS, Defendants

ADJ number: ADJ11997989, ADJ2534190, ADJ3372314, ADJ470082, ADJ6672465
Decision date: Mar 12, 2023
District office: Los Angeles
WCJ: —
Claim administrator: ESIS; ENSTAR US
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

LC §5900LC §5903LC §5410LC §5803LC §5804CCR §10964CCR §10605CCR §10600CCR §10940CCR §10615CCR §10430

Summary

Applicant James Vessels, acting in pro per, filed a Petition for Reconsideration on January 11, 2023, along with multiple handwritten correspondence treated as supplemental pleadings. The WCJ had issued the Findings and Order on September 6, 2022, giving applicant until October 3, 2022 to seek timely reconsideration. The Board found the petition untimely because it was filed well beyond the 25-day jurisdictional period, depriving the Board of authority to act on it. The Board further found the petition was successive, as applicant had previously failed to prevail and was not newly aggrieved. The Board dismissed the petition and cautioned applicant that this was his third untimely petition, warning that repetitive, meritless filings could lead to vexatious litigant proceedings under WCAB Rule 10430.

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.