Delfino Alvarado vs. Sterling Pacific Compensation Insurance Company

This case involves a petition for reconsideration filed by Delfino Alvarado against Sterling Pacific Compensation Insurance Company. The Workers' Compensation Appeals Board determined that the petition was not a "final" order and thus could not be reconsidered. The Board also noted that Labor Code section 4903.6 mandates dismissal with prejudice when the lien claimant has not paid the activation fee before the lien conference. The Board dismissed the petition for reconsideration.

Sterling Pacific Compensation Insurance Company Delfino Alvarado WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELFINO ALVARADO, Applicant,vs.STERLING PACIFIC COMPENSATIONINSURANCE COMPANY, Defendants.Case No. ADJ7219460 (Anaheim District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION            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 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 (writ den.); Beck v. Workers’ Comp. Appeals Bd

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.