Daniel Escamilla

Daniel Escamilla, appearing in propria persona, filed a petition for reconsideration of a September 21, 2011 Notice of Hearing (NOH) in which the WCAB (en banc) gave notice that it 'may' suspend or remove his privilege to appear as a representative before the Appeals Board or a WCJ under Labor Code section 4907. Escamilla raised eleven constitutional and jurisdictional challenges, including lack of jurisdiction, due process, double jeopardy, First Amendment, vagueness, and statute of limitations arguments. The Board dismissed the petition because reconsideration may only be had from a final order, decision, or award, and the NOH was merely a notice of a potential action with no findings or orders issued. The Board further held that even if a final order had issued, the petition was untimely because it was filed November 7, 2011, well beyond the 20-day (plus five for mail) jurisdictional deadline. The Board stated it would accept the petition as a response to the NOH and consider Escamilla's contentions if and when it takes the contemplated action.