Action Plumbing; State Compensation Insurance Fund Edward Wait WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD WAIT, Applicant,vs.ACTION PLUMBING; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1449637 (RDG 0091585)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 CalComp.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 settling, 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. (1979) 44 Cal.Comp.Cases 190 (writ den.).) To the extent th
Edward Wait vs. Action Plumbing; State Compensation Insurance Fund
(RDG 0091585) is a case involving Edward Wait and Action Plumbing and the State Compensation Insurance Fund. The Petition for Reconsideration was dismissed and removal was denied due to the fact that the petition was not from a "final" order, decision, or award and the petitioner did not show that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, Redding
- Case No. ADJ1449637
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