Office Of The Secretary Of State; State Compensation Insurance Fund, Insured Pleasanton Adam Yassir WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAADAM YASSIR, Applicant,vs.OFFICE OF THE SECRETARY OF STATE;STATE COMPENSATION INSURANCE FUND, INSURED PLEASANTON, Defendant(s).Case No. ADJ7222753OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration of the Order Granting Petition for Change of Venue issued June 15, 2010, wherein the workers’ compensation administrative law judge (WCJ) granted defendant’s Petition for Change of Venue pursuant to Labor Code section 5501.5(c) from the San Francisco District Office to the Sacramento District Office. Applicant contends that the counsel for defendant had no standing to file any documents on behalf of defendant because no Notice of Representation had been filed. Therefore, applicant contends that defendant’s “petition for a change of venue is null and void.” Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and deny applicant’s petition as a Petition for Removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (I..abor Code section 5900.) The WCJ’s Order, granting defendant’s Petition for Change of Venue, does not constitute a final order w ithin the meaning of Section 5900. An order which does not dispose of the substantive rights and liabilities of those involved in a case, is not a final order. (2 California Workers’ Compensation Practice, Cal. CEB 4″‘ Ed., June 2009, sections 21.8-21.9, pp. 1678-1680.) A “final” order has been defined as one which determines any substantive right , or liability of those involved in (he case. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4’h ]068; 65 Cal.Comp.Cascs 650; Safeway St
Adam Yassir vs. Office Of The Secretary Of State; State Compensation Insurance Fund, Insured Pleasanton
is a case in which Adam Yassir, the applicant, sought reconsideration of an order granting the defendant's petition for a change of venue. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, finding that the order did not constitute a final order and that the applicant had failed to establish that the order would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7222753
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