Home/Case Law/JANET WINSTON vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, STATE COMPENSATION INSURANCE FUND, adjusting agent
Regular DecisionRegular Panel Decision

JANET WINSTON vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, STATE COMPENSATION INSURANCE FUND, adjusting agent

Filed: Jan 29, 2019
Van Nuys
ADJ10387327

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The WCAB found that the WCJ's prior order addressed only interim procedural issues, not a final determination of substantive rights or liabilities, thus making it non-reconsiderable. Furthermore, the defendant failed to demonstrate the extraordinary circumstances of substantial prejudice or irreparable harm required for removal. Consequently, the petition for reconsideration was dismissed, and the petition for removal was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The WCAB found that the WCJ's prior order addressed only interim procedural issues, not a final determination of substantive rights or liabilities, thus making it non-reconsiderable. Furthermore, the defendant failed to demonstrate the extraordinary circumstances of substantial prejudice or irreparable harm required for removal. Consequently, the petition for reconsideration was dismissed, and the petition for removal was denied.

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