Home/Case Law/JOSE BERDIER WENCES vs. BAY AREA TRAFFIC SOLUTIONS, ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionRegular Panel Decision

JOSE BERDIER WENCES vs. BAY AREA TRAFFIC SOLUTIONS, ZURICH AMERICAN INSURANCE COMPANY

Filed: Sep 16, 2019
San Francisco
ADJ11140577

CompFox AI Summary

This case involves a petition for reconsideration that was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the applicant's petition was improperly filed as a petition for reconsideration and should have been a petition for removal. This is because the challenged order, quashing a deposition, was an interlocutory procedural decision, not a final order determining substantive rights or liabilities. Removal is an extraordinary remedy, and the applicant failed to demonstrate significant prejudice or irreparable harm. Therefore, the WCAB denied the petition for reconsideration.

Full Decision Text1 Pages

This case involves a petition for reconsideration that was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the applicant's petition was improperly filed as a petition for reconsideration and should have been a petition for removal. This is because the challenged order, quashing a deposition, was an interlocutory procedural decision, not a final order determining substantive rights or liabilities. Removal is an extraordinary remedy, and the applicant failed to demonstrate significant prejudice or irreparable harm. Therefore, the WCAB denied the petition for reconsideration.

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