This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Worker filed a complaint against his former employer, Wal-Mart Stores, and their insurer, American Home Assurance, which was ordered not to be filed or processed by the Workers’ Compensation Administration (WCA) due to the complaint being redundant of prior adjudicated matters. The WCA had previously imposed filing restrictions on the Worker to prevent the use of complaints to coerce benefits for which the Worker may not be entitled.
Procedural History
- WCA, May 31, 2012: Imposed filing restrictions on Worker ([RP 463-464]).
- WCA, November 8, 2012: Ordered not to file or process Worker's complaint submitted on October 26, 2012, due to redundancy ([RP 567, 581]).
Parties' Submissions
- Worker-Appellant: Argued the merits of the claims contained in his complaint, despite the WCA's decision not to file or process the complaint due to redundancy and previous rulings on the matters ([RP 567, 581]).
- Employer/Insurer-Appellee: [Not applicable or not found]
Legal Issues
- Whether the WCA erred in refusing to file Worker’s complaint on the grounds that it was redundant of prior adjudicated matters.
Disposition
- The Court of Appeals affirmed the WCA’s order dated November 8, 2012, not to file or process the Worker's complaint submitted on October 26, 2012.
Reasons
-
Per LINDA M. VANZI, Judge (JAMES J. WECHSLER, Judge, J. MILES HANISEE, Judge concurring): The Court of Appeals affirmed the WCA's decision, finding that the Worker failed to demonstrate how his complaint addressed matters not previously ruled upon. The Worker's attempt to argue the merits of his claims without showing how they were distinct from previously adjudicated matters did not meet the burden required to oppose the proposed summary affirmation. The Court also noted that it would not consider documents attached to the memorandum in opposition that were not part of the record. The Court emphasized that it is a court of review and will not consider the merits of arguments against the former employer in the first instance, especially given the Worker's history of filings determined to be without merit and the existing filing restrictions.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.