Home/Case Law/JAMES C. RIALS III vs. SWIFT TRANSPORTATION, AIG CLAIM SERVICES
Regular DecisionReconsideration and Removal

JAMES C. RIALS III vs. SWIFT TRANSPORTATION, AIG CLAIM SERVICES

Filed: Mar 15, 2010
San Francisco
ADJ4669093

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order taking the matter off-calendar was not a final order subject to reconsideration. The WCAB treated the petition as one for removal and denied it, finding no evidence of significant prejudice or irreparable harm justifying removal. The applicant sought to re-litigate permanent disability for his right groin, thigh, and hip injuries, issues previously decided and appealed. The WCAB adopted the WCJ's report, which detailed the extensive history of the claim and noted these issues had already been litigated.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order taking the matter off-calendar was not a final order subject to reconsideration. The WCAB treated the petition as one for removal and denied it, finding no evidence of significant prejudice or irreparable harm justifying removal. The applicant sought to re-litigate permanent disability for his right groin, thigh, and hip injuries, issues previously decided and appealed. The WCAB adopted the WCJ's report, which detailed the extensive history of the claim and noted these issues had already been litigated.

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JAMES C. RIALS III vs. SWIFT TRANSPORTATION, AIG CLAIM SERVICES (2010) – San Francisco | CompFox