CHRISTOPHER ARDON vs. COLORLAND GRAPHICS, INC.; ILLINOIS MIDWEST SPRINGFIELD INSURANCE

In this case, Christopher Ardon was appealing a workers' compensation decision. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal. The Board found that the petition was not a "final" order, as it did not determine any substantive right or liability of those involved in the case. The Board also found that removal was not granted as there was no evidence of substantial prejudice or irreparable harm, and that reconsideration would be an inadequate remedy if a final decision adverse to petitioner ultimately issued.

COLORLAND GRAPHICS, INC.; ILLINOIS MIDWEST SPRINGFIELD INSURANCE CHRISTOPHER ARDON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER ARDON, Applicant,vs.COLORLAND GRAPHICS, INC.; ILLINOIS MIDWEST SPRINGFIELD INSURANCE, Defendants.Case No. ADJ7550561(Los Angeles District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            We have considered the allegations of the Petition 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 1171, 1180; Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (Pointer) (1980) 104 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 (Cont. Ed. Bar, 4th ed., 2000), §§21.8, 21.9.) Pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues – such as the order here – 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’ Com

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