Home/Case Law/JAMES KIRK vs. PENHALL COMPANY, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

JAMES KIRK vs. PENHALL COMPANY, ZURICH AMERICAN INSURANCE COMPANY

Filed: Jul 19, 2019
Fresno
ADJ6625120

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory procedural decision. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that reconsideration would not remedy. Therefore, the Board upheld the WCJ's prior orders, dismissing the defendant's attempt to appeal at this stage.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory procedural decision. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that reconsideration would not remedy. Therefore, the Board upheld the WCJ's prior orders, dismissing the defendant's attempt to appeal at this stage.

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JAMES KIRK vs. PENHALL COMPANY, ZURICH AMERICAN INSURANCE COMPANY (2019) – Fresno | CompFox