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The applicant sought removal of an arbitrator's order concerning discovery and evidence admission in a cumulative trauma claim under Labor Code section 3201.5. The Workers' Compensation Appeals Board dismissed the petition, finding it lacked jurisdiction. This is because the arbitrator's order was an interlocutory, procedural decision, not a "final" order as required for review under section 3201.5(a)(1). The Board noted there is no statutory provision for removal of non-final arbitrator decisions in "carve-out" cases.
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The applicant sought removal of an arbitrator's order concerning discovery and evidence admission in a cumulative trauma claim under Labor Code section 3201.5. The Workers' Compensation Appeals Board dismissed the petition, finding it lacked jurisdiction. This is because the arbitrator's order was an interlocutory, procedural decision, not a "final" order as required for review under section 3201.5(a)(1). The Board noted there is no statutory provision for removal of non-final arbitrator decisions in "carve-out" cases.
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