WCPanelIQ
PanelDenied

Michael Garcia — ADJ3006563, ADJ18423850

MICHAEL GARCIA, Applicant vs. DEBORAH & GERALD WALBERG; STATE FARM FIRE & CASUALTY COMPANY; ARCO AM/PM STRAUCH BROTHER, INC.; ZENITH INSURANCE CO., Defendants

ADJ number
ADJ3006563, ADJ18423850
Decision date
Jul 20, 2026
District office
Sacramento and San Francisco District Offices
WCJ
—
Claim administrator
State Farm Fire & Casualty Company; Zenith Insurance Co.
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5909LC §5900CCR §10430

Summary

Applicant Michael Garcia was declared a vexatious litigant by the PWCJ at the Sacramento district office in an April 18, 2025 Findings and Order subject to a pre-filing order under WCAB Rule 10430. Under Rule 10430(f), any petition proposed by a vexatious litigant is only 'conditionally filed' and must be approved by the Appeals Board before being accepted. Garcia conditionally filed a Petition for Reconsideration and a Petition for Removal in pro per. The Board reviewed the petitions and found no significant change in circumstances—such as new or newly discovered evidence or a change in law—that would materially affect any previously finally determined issue. The Board also confirmed it acted timely under amended Labor Code section 5909, having issued its decision within 60 days of transmission. Both petitions were not accepted for filing.

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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