Home/Case Law/ELVIRA CABRAL vs. ACCURIDE INTERNATIONAL, INC., SEDGWICK CLAIMS MANAGEMENT
Regular DecisionReconsideration and Removal

ELVIRA CABRAL vs. ACCURIDE INTERNATIONAL, INC., SEDGWICK CLAIMS MANAGEMENT

Filed: Sep 21, 2012
ADJ1029045 (LAO 0790607)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the administrative law judge's (WCJ) order striking Dr. Windler's reports was an evidentiary ruling, not a final order dispositive of substantive rights. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for this extraordinary remedy. The WCAB concluded the WCJ's report sufficiently explained the bases for striking the reports, curing any technical defect regarding Labor Code section 5313. Therefore, the applicant's request to overturn the ruling on Dr. Windler's reports was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the administrative law judge's (WCJ) order striking Dr. Windler's reports was an evidentiary ruling, not a final order dispositive of substantive rights. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for this extraordinary remedy. The WCAB concluded the WCJ's report sufficiently explained the bases for striking the reports, curing any technical defect regarding Labor Code section 5313. Therefore, the applicant's request to overturn the ruling on Dr. Windler's reports was denied.

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ELVIRA CABRAL vs. ACCURIDE INTERNATIONAL, INC., SEDGWICK CLAIMS MANAGEMENT (2012) – | CompFox