Sodexo, Inc.; Insurance Company Of The State Of Pennsylvania, administered by Gallagher Bassett Services, Inc. Carmen Rayas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMEN RAYAS, Applicant,vs.SODEXO, INC.; INSURANCE COMPANY OF THE STATE OFPENNSYLVANIA, administered by GALLAGHER BASSETTSERVICES, INC., Defendants.Case No. ADJ1906031 (LAO 0780171)ORDER 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 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 determine 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.Comp.Cases at p. 665]; see also, e.g., 2 Cal. Workers’ Comp. Practice (4th ed Cal CEB 2000) §§ 21.8, 21.9. Pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues 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., Elwood v. Workers’ Comp. Appeals Bd. (2001) 66 Cal.Comp.Cases 272 (writ den.); Jablonski v. Workers’ Comp. Appeals Bd. (1987) , 52 Cal.Comp.Cases 399
Carmen Rayas vs. Sodexo, Inc.; Insurance Company Of The State Of Pennsylvania, Administered By Gallagher Bassett Services, Inc.
In this case, Carmen Rayas filed a petition for reconsideration against Sodexo, Inc. and Insurance Company of the State of Pennsylvania, administered by Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal. The Board found that the petition was not a "final" order and did not determine any substantive right or liability of those involved in the case. The Board also found that the petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted or that reconsideration would be an inadequate remedy if a final decision adverse to petitioner ultimately issued.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1906031
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