CHARLES LOFTIN vs. SIERRA FOREST PRODUCTS Dba JPB RESOURCES UNLIMITED And WAUSAU UNDERWRITERS INSURANCE COMP ANY Administered By LIBERTY MUTUAL INSURANCE COMPANY

(FRE 0246354) is a case between Sierra Forest Products dba JPB Resources Unlimited and Wausau Underwriters Insurance Company administered by Liberty Mutual Insurance Company and Charles Loftin. 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 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.

SIERRA FOREST PRODUCTS dba JPB RESOURCES UNLIMITED and WAUSAU UNDERWRITERS INSURANCE COMP ANY administered by LIBERTY MUTUAL INSURANCE COMPANY CHARLES LOFTIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES LOFTIN, Applicant,vs.SIERRA FOREST PRODUCTS dba JPBRESOURCES UNLIMITED and WAUSAUUNDERWRITERS INSURANCE COMP ANY,administered by LIBERTY MUTUALINSURANCE COMPANY, Defendants.Case No. ADJ2519807 (FRE 0246354)ORDER DISMISSING PETITIONFOR RECONSIDERATION ANDDENYING 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 1180; Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d 45 [ 43 Cal.Comp.Cases 665); see also, e.g., 2 Cal. Workers’ Comp. Practice (Cont.Ed.Bar 4th ed. 2000) §§ 21.8, 21.9.) Pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues are non-final interlocutory orders that do no; 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

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