Home/Case Law/JOSE VALENZUELA vs. KLEEN RIGHT, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES
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JOSE VALENZUELA vs. KLEEN RIGHT, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Filed: May 28, 2019
Fresno
ADJ9880150

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The applicant failed to meet the criteria for either an appealable final order or an extraordinary removal. Therefore, both the reconsideration and removal petitions were rejected.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The applicant failed to meet the criteria for either an appealable final order or an extraordinary removal. Therefore, both the reconsideration and removal petitions were rejected.

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JOSE VALENZUELA vs. KLEEN RIGHT, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES (2019) – Fresno | CompFox