CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the underlying order to attend a medical evaluation was interlocutory, not a final order that determined substantive rights. The Board found such pre-trial procedural orders are not subject to reconsideration under Labor Code section 5900. Furthermore, the petition for removal was denied, as the petitioner failed to demonstrate substantial prejudice or irreparable harm, aligning with the WCJ's report and established legal precedent. Therefore, both the reconsideration and removal were denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the underlying order to attend a medical evaluation was interlocutory, not a final order that determined substantive rights. The Board found such pre-trial procedural orders are not subject to reconsideration under Labor Code section 5900. Furthermore, the petition for removal was denied, as the petitioner failed to demonstrate substantial prejudice or irreparable harm, aligning with the WCJ's report and established legal precedent. Therefore, both the reconsideration and removal were denied.
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