What the panel ordered
Petition for Removal dismissed as impermissibly successive.
applicant seeks removal of the Opinion and Order Denying Petition for Removal issued by the Workers' Compensation Appeals Board on July 20, 2022, which denied his prior petitions for removal and disqualification of WCJ Diana Marsteiner.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 20, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Petition for Removal was dismissed as impermissibly successive because it raised the same contentions and grounds as prior petitions without new evidence or rationale.
From the decision · page 4Applicant's Petition for Removal is impermissibly successive. (See Crowe Glass Co. v. Industrial Acc. Com. (Graham) (1927) 84 Cal.App. 287, 293 (Crowe Glass), and Navarro v. A&A Farming (2002) 67 Cal.Comp.Cases 296, 299 (Appeal Bd. en banc) (Navarro).) In other words, no party may file a successive petition alleging the same facts and the same law as was already determined by the Appeals Board. (Ibid.) The Court in Crowe Glass explained that,