JUAN RODRIGUEZ vs. NESTLE USA, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This Workers' Compensation Appeals Board (WCAB) decision dismisses the applicant's Petition for Reconsideration and denies their Petition for Removal. The WCAB found that the underlying WCJ decision was not a "final" order because it only resolved an evidentiary issue, not a substantive right or threshold matter. Furthermore, the WCAB found that removal was not warranted as the applicant failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, both petitions were denied by the Board.