Audrey Coleman vs. Aep-span; Xl Specialty Insurance Company, Administered And Adjusted By Specialty Risk Services

is a case in which the defendant, AEP-SPAN; XL Specialty Insurance Company, administered and adjusted by Specialty Risk Services, sought reconsideration of an Order Denying Change of Venue. The Workers' Compensation Appeals Board denied the petition for reconsideration and petition for removal, as the petition for change of venue was untimely and did not present extraordinary circumstances justifying removal. The Board also noted that the applicant could submit an appropriate petition for change of venue upon return of the matter to the trial level.

AEP-SPAN; XL Specialty Insurance Company, administered and adjusted by Specialty Risk Services Audrey Coleman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAUDREY COLEMAN, Applicant,vs.AEP-SPAN; XL SPECIALTY INSURANCE COMPANY, administered and adjusted bySPECIALTY RISK SERVICES, Defendant(s).Case No. ADJ7038048OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION ANDDENYING PETITION FOR REMOVAL            Defendant seeks reconsideration of the Order Denying Change of Venue, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition for Change of Venue because it was untimely.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted that defendant’s Petition for Change of Venue was filed 51 days after the notice of application was sent to defendant. Consequently, the petition was not within the 30-day period of objection set forth in the Labor Code section 5501.5(c).            Based upon our review of the record, and for the reasons set forth herein, we will dismiss defendant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and deny defendant’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. (Labor Code section 5900.) The WCJ’s Order, denying defendant’s Petition for Change of Venue, does not constitute a final order within 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 4th 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 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. Ap

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