Home/Case Law/YONIR ALARCON vs. STELLAR ENTERPRISES, CALIFORNIA INSURANCE COMPANY
Regular DecisionRemoval

YONIR ALARCON vs. STELLAR ENTERPRISES, CALIFORNIA INSURANCE COMPANY

Filed: Apr 30, 2012
San Francisco
ADJ3192115 SBR 0342658

CompFox AI Summary

The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding that the WCJ's order to take the case off calendar for further discovery regarding denied body parts was an interlocutory order, not subject to reconsideration. The Board found significant prejudice and irreparable harm to the defendant if the applicant was allowed further discovery after significant delays and prior medical evaluations. The Board rescinded the WCJ's order, dismissed the petition for reconsideration, and returned the matter to the trial level for a mandatory settlement conference and further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's petition for removal, finding that the WCJ's order to take the case off calendar for further discovery regarding denied body parts was an interlocutory order, not subject to reconsideration. The Board found significant prejudice and irreparable harm to the defendant if the applicant was allowed further discovery after significant delays and prior medical evaluations. The Board rescinded the WCJ's order, dismissed the petition for reconsideration, and returned the matter to the trial level for a mandatory settlement conference and further proceedings.

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YONIR ALARCON vs. STELLAR ENTERPRISES, CALIFORNIA INSURANCE COMPANY (2012) – San Francisco | CompFox