Home/Case Law/JORGE YERBA vs. STATE OF CALIFORNIA DEPARTMENT OF STATE HOSPITALS
Regular DecisionReconsideration, Removal

JORGE YERBA vs. STATE OF CALIFORNIA DEPARTMENT OF STATE HOSPITALS

Filed: Jan 03, 2017
San Luis Obispo
ADJ10090436, ADJ10093956

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it sought review of an interim procedural order, not a final decision. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm from the administrative law judge's order setting a mandatory settlement conference. The judge's decision to continue the matter and not immediately set it for trial was found to be within his discretion. Ultimately, the applicant's attempt to challenge the scheduling of the settlement conference was unsuccessful.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it sought review of an interim procedural order, not a final decision. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm from the administrative law judge's order setting a mandatory settlement conference. The judge's decision to continue the matter and not immediately set it for trial was found to be within his discretion. Ultimately, the applicant's attempt to challenge the scheduling of the settlement conference was unsuccessful.

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JORGE YERBA vs. STATE OF CALIFORNIA DEPARTMENT OF STATE HOSPITALS (2017) – San Luis Obispo | CompFox