Irizarry, Jose, Applicant v. AT&T MOBILITY SERVICE, permissibly self-insured, administered by SEDGWICK CMS, Defendants

WORKERS’ COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
JOSE IRIZARRY, Applicant
vs.
AT&T MOBILITY SERVICE, permissibly self-insured,
administered by SEDGWICK CMS, Defendants
Adjudication Number: ADJ11109593
Long Beach District Office
OPINION AND ORDER
DISMISSING PETITION
FOR REMOVAL
Applicant seeks removal of the Opinion and Order Denying Petition for Disqualification
issued by the Workers’ Compensation Appeals Board on September 12, 2025.
Applicant 	seeks, 	in 	substance, 	to 	reargue 	the 	merits 	of 	the 	original 	petition 	for
disqualification, which we have already denied.
We have not received an answer from defendant.
We have considered the allegations of the Petition for Removal and will dismiss the
petition as it is a successive petition relitigating the exact same issue which was previously decided.
Petitions 	for 	disqualification 	are 	handled 	in 	the 	same 	manner 	as 	petitions 	for
reconsideration. (Cal. Code Regs., tit. 8, § 10960.)
A petitioning party cannot attack an Appeals Board decision through another petition for
reconsideration. Successive petitions such as this, are simply not allowed and may constitute
frivolous or bad faith conduct. (See Crowe Glass Company v. Industrial Acc. Com. (Graham)
(1927) 84 Cal. App. 287; Navarro v. A&A Farming (2002) 67 Cal.Comp.Cases 296, 299–300
(Appeals Board en banc)). A party aggrieved by an Appeals Board decision on disqualification
must petition for a writ of review to the Court of Appeal. However, it would appear that the time
for applicant to seek review of the September 12, 2025 order denying disqualification has passed.
We admonish attorney John C. Gutierrez (CA BAR# 108981) that the filing of successive
petitions may result in the imposition of costs and/or sanctions.

2
For the foregoing reasons,
IT IS ORDERED that applicant’s Petition for Removal of the Opinion and Order Denying
Petition 	for 	Disqualification 	issued 	by 	the 	Workers’ 	Compensation 	Appeals 	Board 	on
September 12, 2025, is DISMISSED.
WORKERS’ COMPENSATION APPEALS BOARD
/s/ JOSÉ H. RAZO, COMMISSIONER
I CONCUR,
/s/ JOSEPH V. CAPURRO, COMMISSIONER
/s/ CRAIG L. SNELLINGS, COMMISSIONER
DATED AND FILED AT SAN FRANCISCO, CALIFORNIA
NOVEMBER 17, 2025
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT
THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
JOSE IRIZARRY
RUDY LOPEZ, ESQ.
DEFENDERS LAW CORP
STEPHEN KWAN, ESQ.
JOHN C. GUTIERREZ, ESQ.
EDL/mc
I certify that I affixed the official seal of
the Workers’ Compensation Appeals Board
to this original decision on this date.
BP