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The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the challenged order was not a final determination. However, the Board granted removal, rescinded the order disqualifying defense counsel, and remanded the case for further proceedings. This action was taken because the original disqualification was issued without an evidentiary record and lacked proper legal analysis under the relevant case law. The Workers' Compensation Judge must now create a record and apply established precedent, like Kirk v. First American Title Ins. Co., to the disqualification issue.
MICHAEL MCKENNA vs. CITY OF SACRAMENTO is a workers' compensation case decided in Sacramento. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Sacramento.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the challenged order was not a final determination. However, the Board granted removal, rescinded the order disqualifying defense counsel, and remanded the case for further proceedings. This action was taken because the original disqualification was issued without an evidentiary record and lacked proper legal analysis under the relevant case law. The Workers' Compensation Judge must now create a record and apply established precedent, like Kirk v. First American Title Ins. Co., to the disqualification issue.
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