Home/Case Law/MARIO SAENZ vs. PITNEY BOWES, ACE USA/ESIS
Regular Decision

MARIO SAENZ vs. PITNEY BOWES, ACE USA/ESIS

Filed: Apr 23, 2008
San Francisco
LAO 0854728

CompFox AI Summary

The Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's order setting the matter for trial was an interlocutory procedural order, not a final decision. The Board also denied the defendant's petition for removal, finding no error in the WCJ's decision to proceed to trial given the defendant's untimely request for additional QME evaluations and prior representations of discovery completion. The defendant's due process arguments were not persuasive as they failed to demonstrate substantial prejudice or irreparable injury required for removal.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's order setting the matter for trial was an interlocutory procedural order, not a final decision. The Board also denied the defendant's petition for removal, finding no error in the WCJ's decision to proceed to trial given the defendant's untimely request for additional QME evaluations and prior representations of discovery completion. The defendant's due process arguments were not persuasive as they failed to demonstrate substantial prejudice or irreparable injury required for removal.

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MARIO SAENZ vs. PITNEY BOWES, ACE USA/ESIS (2008) – San Francisco | CompFox