CompFox AI Summary
The Appeals Board dismissed the applicant's Petition for Reconsideration because the WCJ's order taking the claim off calendar was not a final order. Treating the petition as a Petition for Removal, the Board denied it, finding no significant prejudice or irreparable harm. The WCJ initially took the case off calendar due to a sovereign immunity defense raised by the Chumash Casino, a tribal entity. Applicant argued a prior injury finding should preserve jurisdiction and the tribal entity's administrator should not assert immunity.
Full Decision Text1 Pages
The Appeals Board dismissed the applicant's Petition for Reconsideration because the WCJ's order taking the claim off calendar was not a final order. Treating the petition as a Petition for Removal, the Board denied it, finding no significant prejudice or irreparable harm. The WCJ initially took the case off calendar due to a sovereign immunity defense raised by the Chumash Casino, a tribal entity. Applicant argued a prior injury finding should preserve jurisdiction and the tribal entity's administrator should not assert immunity.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.