EAST WEST STAFFING; ZURICH INSURANCE, administered by GALLAGHER BASSETT, EDGAR ROMERO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDGAR ROMERO, Applicant,vs.EAST WEST STAFFING; ZURICH INSURANCE, administered by GALLAGHER BASSETT, Defendant(s).Case Nos. ADJ3502441 (MON 0341911)ADJ2022535 (MON 0341912)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 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. Appeal
Edgar Romero, vs. East West Staffing; Zurich Insurance, Administered By Gallagher Bassett,
In this case, Edgar Romero filed a petition for reconsideration and removal with the Workers' Compensation Appeals Board of the State of California. The Board dismissed the petition for reconsideration, as it was not a "final" order, and denied the removal as there was no evidence of substantial prejudice or irreparable harm. The Board's decision was dated and filed at San Francisco, California on October 13, 2009.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ3502441
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