WCPanelIQ
PanelDismissed

Richard Smith — ADJ7192587

RICHARD SMITH, Applicant vs. HENDRICKSON TRUCKING, INC.; CHARTIS INSURANCE COMPANY, administered by AIG CLAIMS SERVICES, Defendants

ADJ number
ADJ7192587
Decision date
Mar 21, 2021
District office
San Bernardino District Office
WCJ
—
Claim administrator
AIG Claims Services (administering for Chartis Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Summary

Applicant Richard Smith, in pro per, filed 71 pages of largely unintelligible handwritten notes on January 21, 2021, which the Board treated as a Petition for Reconsideration of its prior June 24, 2019 Opinion and Order Dismissing Petition for Reconsideration and Dismissing Petition for Removal. The Board found the petition to be successive, as applicant had already failed to prevail on a prior petition for reconsideration addressing the same matter. Citing well-settled authority, the Board held that a party who does not prevail on reconsideration cannot file a second petition for reconsideration unless newly aggrieved, but must instead seek a writ of review. The Board dismissed the petition as successive.

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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