Home/Case Law/GILBERTO GARIBAY vs. BALL HORTICULTURAL COMPANY, TRAVELERS INSURANCE
Regular DecisionRegular Panel Decision

GILBERTO GARIBAY vs. BALL HORTICULTURAL COMPANY, TRAVELERS INSURANCE

Filed: Dec 17, 2012
Goleta
ADJ6404616, ADJ6590120

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed from interlocutory orders concerning procedural and evidentiary matters, not a "final" order determining substantive rights. The Board reasoned that such pre-trial rulings do not resolve any fundamental questions of liability or entitlement. Furthermore, the Petition for Removal was denied, as the applicant failed to demonstrate substantial prejudice or irreparable harm justifying immediate intervention. Consequently, the Board found no grounds for either reconsideration or removal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed from interlocutory orders concerning procedural and evidentiary matters, not a "final" order determining substantive rights. The Board reasoned that such pre-trial rulings do not resolve any fundamental questions of liability or entitlement. Furthermore, the Petition for Removal was denied, as the applicant failed to demonstrate substantial prejudice or irreparable harm justifying immediate intervention. Consequently, the Board found no grounds for either reconsideration or removal.

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GILBERTO GARIBAY vs. BALL HORTICULTURAL COMPANY, TRAVELERS INSURANCE (2012) – Goleta | CompFox