CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final, interlocutory procedural order. The WCAB found that the order did not determine any substantive rights or liabilities, nor a threshold issue fundamental to the claim. Treating the petition as one for removal, the WCAB denied it as removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. Therefore, the applicant's attempt to challenge the intermediate decision was unsuccessful.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final, interlocutory procedural order. The WCAB found that the order did not determine any substantive rights or liabilities, nor a threshold issue fundamental to the claim. Treating the petition as one for removal, the WCAB denied it as removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. Therefore, the applicant's attempt to challenge the intermediate decision was unsuccessful.
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