Home/Case Law/Nicholas Wagner vs. FAMIMA CORPORATION, TOKIO MARINE INSURANCE
Regular DecisionReconsideration and Removal

Nicholas Wagner vs. FAMIMA CORPORATION, TOKIO MARINE INSURANCE

Filed: Mar 16, 2011
San Francisco
ADJ7058642; ADJ7058824

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's decision to set the case for trial was an interim order, not a final decision on substantive rights. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable injury to the applicant. The applicant's contentions regarding a pending medical report and the need to depose a PQME can be addressed at trial. Furthermore, the applicant will have an opportunity to raise objections to newly served medical records and the police report before the trial judge.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's decision to set the case for trial was an interim order, not a final decision on substantive rights. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable injury to the applicant. The applicant's contentions regarding a pending medical report and the need to depose a PQME can be addressed at trial. Furthermore, the applicant will have an opportunity to raise objections to newly served medical records and the police report before the trial judge.

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