WCPanelIQ
PanelDismissed

Michael Perry — ADJ11075823, ADJ11130118, ADJ11703310

MICHAEL PERRY, Applicant vs. S2 HR SOLUTIONS 1 D, LLC, professional employer organization for BALANCE ENERGY, LLC, a Delaware limited liability company, dba DUPURE; SECURITY NATIONAL INSURANCE COMPANY administered by AMTRUST NORTH AMERICA, INC.; COSTCO WHOLESALE CORPORATION, permissibly self-insured, administered by HELSMAN MANAGEMENT SERVICES, LLC, Defendants

ADJ number
ADJ11075823, ADJ11130118, ADJ11703310
Decision date
Nov 21, 2022
District office
Van Nuys
WCJ
Pollak
Claim administrator
AmTrust North America, Inc. (administering Security National Insurance Company); Helmsman Management Services, LLC (administering Costco Wholesale Corporation, permissibly self-insured)
Commissioners
—
LC §4553LC §5311LC §5410LC §5803LC §5804LC §5900LC §5902LC §5903LC §5904CCR §10430CCR §10955CCR §10960CCR §10964

Summary

Applicant Michael Perry, in pro per, filed a 'Renewed Petition for Reconsideration for Removal/Disqualification/Reconsideration' on September 23, 2022, after his prior petition had already been denied by the WCAB on September 13, 2022. The Board determined the renewed petition was a successive petition challenging issues that had already been finally determined against him. Because applicant did not prevail on his prior petition and was not newly aggrieved, the Board held that the proper avenue was a writ of review to the Court of Appeal, not a second petition for reconsideration. The Board dismissed the petition as successive to the extent it sought reconsideration and denied it to the extent it sought disqualification of the WCJ. The Board also warned applicant that repetitive, meritless filings could lead to vexatious litigant proceedings under WCAB Rule 10430, noting he had already been declared a vexatious litigant in 2010 by a Superior Court.

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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