Alejandro Antunez-Cornejo vs. California Arbor Care Inc.; Redwood Fire & Casualty Insurance Co.; Berkshire Hathaway Homestate Companies

In this case, the Workers' Compensation Appeals Board dismissed the petition for reconsideration filed by Redwood Fire & Casualty Insurance Company, administered by Berkshire Hathaway Homestate Companies. The petition sought reconsideration of an order issued by the workers' compensation administrative law judge at the October 23, 2012 lien trial. The order directed Redwood and lien claimant, Accurate Medical Assessment Rating Center, to execute a joint letter to David Kim, M.D., the agreed medical evaluator. The Board dismissed the petition because the order was not a "final" order that determined any substantive right or liability of the parties.

California Arbor Care Inc.; Redwood Fire & Casualty Insurance Co.; Berkshire Hathaway Homestate Companies Alejandro Antunez-Cornejo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEJANDRO ANTUNEZ-CORNEJO, Applicant,vs.CALIFORNIA ARBOR CARE, INC.; REDWOOD FIRE & CASUALTY INSURANCE CO.; BERKSHIREHATHAWAY HOMESTATE COMPANIES, Claims Administrator, Defendants.Case No. ADJ3111449 (ANA 0410188)(Santa Ana District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant, Redwood Fire & Casualty Insurance Company, administered by Berkshire Hathaway Homestate Companies (collectively, Redwood) has filed a petition seeking reconsideration of the Order issued by the workers’ compensation administrative law judge (WCJ) at the October 23, 2012 lien trial, and served on October 26, 2012. In that Order, the WCJ directed Redwood and lien claimant, Accurate Medical Assessment Rating Center (Accurate), to execute a joint letter to David Kim, M.D., the agreed medical evaluator (AME).            We have considered the allegations of the petition and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, we will dismiss the petition.            While the WCJ recommends denial of the petition, we will instead dismiss it because the order directing Redwood and Accurate to execute a joint letter to Dr. Kim is not a “final” order that determines any substantive right or liability of the parties. (Lab. Code, §§ 5900(a), 5902, 5903; 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, 4131; Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661,665].) ,             With respect to R

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