Home/Case Law/LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY
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LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

Filed: Dec 26, 2017
Los Angeles
ADJ10183569

CompFox AI Summary

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

Full Decision Text1 Pages

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

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LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY (2017) – Los Angeles | CompFox