Anne Harrington vs. California Department Of Corrections/california Men’s Colony, Permissibly Self-insured; State Compensation Insurance Fund

In this case, Anne Harrington appealed to the Workers' Compensation Appeals Board against the California Department of Corrections/California Men's Colony and the State Compensation Insurance Fund. The Board dismissed the Petition for Reconsideration and denied removal, as the order did not determine any substantive right or liability of those involved in the case. The Board also found that Petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

California Department Of Corrections/California Men’s Colony, Permissibly Self-Insured; State Compensation Insurance Fund Anne Harrington WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANNE HARRINGTON, Applicant,vs.CALIFORNIA DEPARTMENT OF CORRECTIONS/CALIFORNIA MEN’S COLONY, Permissibly Self-Insured; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ7153763ADJ6881017ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            We have considered the allegations of the Petition for Reconsideration and we have reviewed the record in this matter.            A petition for reconsideration is properly taken only from a “final” order, decision, or award. (Lab. Code, §§5900(a), 5902, 5903.) A “final” order has been defined as one “which determines any substantive right or liability of those involved in the case.” (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410, 413]; Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661, 665].) Interlocutory procedural or evidentiary decisions, entered in the midst of the workers’ compensation proceedings, are not considered to be “final” orders because they do not any substantive question. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1075 [65 Cal.Comp.Cases 650, 655]; Rymer, supra, 211 Cal.App.3d at p. 1180; Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d at p. 45 [43 Cal.Cornp.Cases at p. 665]; see also, e.g., 2 Cal. Workers’ Comp. Practice (Cont. Ed. Bar, 4th ed., 2000), §§21.8, 21.9.) Pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues – such as the order(s) here are non-final interlocutory orders that do not determine any substantive right of the parties. , Accordingly, the Petition, to the extent it seeks reconsideration, must be dismissed. (E.g.,

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