Aracely Hernandez vs. Allan Aircraft Supply Company markel Services

is a case involving Aracely Hernandez and two defendants, Allan Aircraft Supply Company and Markel Services. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration due to the fact that the WCJ's pre-trial orders regarding evidence, discovery, setting or not setting for trial, and/or venue are interlocutory orders, which do not determine the substantive rights of the parties, and therefore are not final orders subject to reconsideration.

ALLAN AIRCRAFT SUPPLY COMPANY MARKEL SERVICES ARACELY HERNANDEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARACELY HERNANDEZ, Applicant,vs.ALLAN AIRCRAFT SUPPLY COMPANY; MARKEL SERVICES, Defendants.Case No. ADJ6939085(Marina del Rey District Office)OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION            We have considered the allegations of both the Petitions for Reconsideration and the contents of the Report and Recommendation on Petitions for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record we will dismiss the petitions.            Reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) Interlocutory procedural orders are not final orders within the meaning of Section 5900. (2 Cal. Workers’ Comp. Practice (4th ed. Cal. CEB 2000) §§ 21.8-21.9, pages 1273-1275.) A “final” order has been defined as one “which determines any substantive right or liability of those involved in the case.” (Maranian v. Workers’ Comp. Appeals Bd (2000) 81 Cal.App.4th 1068 [65 Cal.Comp.Cases 650]; Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528 [45 Cal.Comp.Cases 410, 413]; Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd (Kramer) (1978) 82 Cal.App.3d 39 [43 Cal.Comp.Cases 661].) Accordingly, WCJ’s pre-trial orders regarding evidence, discovery, setting or not setting for trial, and/or venue are interlocutory orders, which do not determine the substantive rights of the parties, and therefore are not final orders subject to reconsideration. (Jablonski v. Workers’ Comp. Appeals Bd. (1987) 52 Cal.Comp.Cases 399 (writ den.); Beck v. Workers’Comp. Appeals Bd. (1979) 44 Cal.Comp.Cases 190 (writ den.).)/ / // / / ,             For the foregoing reasons,            T IS ORDERED that the Petitions for Reconsideration are DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________DEIDRA E. LO

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