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Regular DecisionRegular Panel Decision

JAMES ISOM vs. SMITHAVEN HOMES, INC., STATE COMPENSATION INSURANCE FUND

Filed: Apr 15, 2019
San Bernardino
ADJ11522220

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed James Isom's Petition for Reconsideration because it was not filed from a "final" order, but rather from an interlocutory procedural decision. The Board also denied Isom's Petition for Removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The Board noted that Isom's supplemental pleading was accepted under rule 10848, but warned of future compliance issues. This decision confirms that appeals must stem from final determinations of substantive rights or threshold issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed James Isom's Petition for Reconsideration because it was not filed from a "final" order, but rather from an interlocutory procedural decision. The Board also denied Isom's Petition for Removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The Board noted that Isom's supplemental pleading was accepted under rule 10848, but warned of future compliance issues. This decision confirms that appeals must stem from final determinations of substantive rights or threshold issues.

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JAMES ISOM vs. SMITHAVEN HOMES, INC., STATE COMPENSATION INSURANCE FUND (2019) – San Bernardino | CompFox