Home/Case Law/GARY HILTABIDEL vs. WESTERN STAR TRANSPORT, DELOS INSURANCE administered by AMERICAN ALL RISK LOSS ADMINISTRATOR (FRESNO), 02HR STAFF LEASING, PROVIDENCE PROPERTY & CASUALTY INS. CO.
Regular DecisionReconsideration and Removal

GARY HILTABIDEL vs. WESTERN STAR TRANSPORT, DELOS INSURANCE administered by AMERICAN ALL RISK LOSS ADMINISTRATOR (FRESNO), 02HR STAFF LEASING, PROVIDENCE PROPERTY & CASUALTY INS. CO.

Filed: Jul 08, 2010
San Francisco
ADJ7039298

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order quashing a subpoena duces tecum for personnel and employment records from a co-defendant. The WCAB found the subpoena quashing order was not a final order, thus not subject to reconsideration. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm, which is required for a petition for removal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order quashing a subpoena duces tecum for personnel and employment records from a co-defendant. The WCAB found the subpoena quashing order was not a final order, thus not subject to reconsideration. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm, which is required for a petition for removal.

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GARY HILTABIDEL vs. WESTERN STAR TRANSPORT, DELOS INSURANCE administered by AMERICAN ALL RISK LOSS ADMINISTRATOR (FRESNO), 02HR STAFF LEASING, PROVIDENCE PROPERTY & CASUALTY INS. CO. (2010) – San Francisco | CompFox