Home/Case Law/MARIO KOBAISSI vs. MONTEBELLO UNIFIED SCHOOL DISTRICT
Regular DecisionReconsideration

MARIO KOBAISSI vs. MONTEBELLO UNIFIED SCHOOL DISTRICT

Filed: Sep 12, 2014
Santa Ana
ADJ8498208

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Kobaisi's Petition for Reconsideration because it sought review of an interlocutory procedural order, not a final decision determining substantive rights. Such pre-trial orders regarding evidence, discovery, or trial setting are not subject to reconsideration under Labor Code § 5900. The Board also dismissed the petition as removal, finding no irreparable harm or prejudice from the WCJ's Notice of Intention. However, the petition will be treated as an objection to the Notice of Intention for the WCJ's consideration.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Kobaisi's Petition for Reconsideration because it sought review of an interlocutory procedural order, not a final decision determining substantive rights. Such pre-trial orders regarding evidence, discovery, or trial setting are not subject to reconsideration under Labor Code § 5900. The Board also dismissed the petition as removal, finding no irreparable harm or prejudice from the WCJ's Notice of Intention. However, the petition will be treated as an objection to the Notice of Intention for the WCJ's consideration.

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