Home/Case Law/FERDINAND LIZARDO vs. MICROSOFT CORPORATION, AVIZENT/FRANK GATES SERVICES
Regular DecisionReconsideration and Removal

FERDINAND LIZARDO vs. MICROSOFT CORPORATION, AVIZENT/FRANK GATES SERVICES

Filed: Jul 17, 2008
San Francisco
SJO 0256905

CompFox AI Summary

The Appeals Board dismissed the defendant's Petition for Reconsideration, holding that an order taking a case off calendar is an interlocutory procedural order, not a final order subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding that the WCJ did not abuse discretion by taking the case off calendar to consolidate it with another claim for judicial economy, as the defendant failed to demonstrate irreparable harm or significant prejudice. The defendant's arguments regarding due process and potential future medical-legal costs were found insufficient grounds for removal.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's Petition for Reconsideration, holding that an order taking a case off calendar is an interlocutory procedural order, not a final order subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding that the WCJ did not abuse discretion by taking the case off calendar to consolidate it with another claim for judicial economy, as the defendant failed to demonstrate irreparable harm or significant prejudice. The defendant's arguments regarding due process and potential future medical-legal costs were found insufficient grounds for removal.

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FERDINAND LIZARDO vs. MICROSOFT CORPORATION, AVIZENT/FRANK GATES SERVICES (2008) – San Francisco | CompFox