CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to challenge an interlocutory order from the Administrative Law Judge (ALJ) that set a briefing schedule for trial briefs. The WCAB held that reconsideration is only available for final orders, not interim ones that do not determine substantive rights. Furthermore, the WCAB found the defendant's claim of prejudice from the briefing schedule to be frivolous, as it aligns with due process and pretrial discovery principles. Consequently, the defendant's attorneys were admonished for filing a frivolous petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to challenge an interlocutory order from the Administrative Law Judge (ALJ) that set a briefing schedule for trial briefs. The WCAB held that reconsideration is only available for final orders, not interim ones that do not determine substantive rights. Furthermore, the WCAB found the defendant's claim of prejudice from the briefing schedule to be frivolous, as it aligns with due process and pretrial discovery principles. Consequently, the defendant's attorneys were admonished for filing a frivolous petition.
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