[1] For the reasons that follow, we will dismiss applicant's petition for reconsideration as an impermissible successive petition to the Board. At the MSC, A&A specifically raised the issue of: Is the application of Labor Code §132a pre-empted by ERISA from enforcement against A&A Farming. At trial, testimony and documentary evidence was presented on the issue of whether A&A's group health benefits plan was an ERISA plan. On July 18, 2001, A&A filed a post-hearing brief addressing the issue of whether applicant's section 132a claim was preempted by ERISA. On July 30, 2001, applicant filed an answer to A&A's post-trial brief, arguing that A&A's ERISA preemption defense was invalid.

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