DEPARTMENT OF SOCIAL SERVICES IN HOME SUPPORT SERVICES administered by YORK RISK SERVICES GROUP ELGA PEREZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELGA PEREZ, Applicant,vs.DEPARTMENT OF SOCIAL SERVICES-INHOME SUPPORT SERVICES, administeredby YORK RISK SERVICES GROUP, Defendants.Case No. ADJ6715627(Santa Ana District Office)ORDER DISMISSINGPETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and reviewed the record in this matter. Reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) Interlocutory procedural orders are not final orders within the meaning of Section 5900. An order which does not dispose l)f the substantive rights and liabilities of those involved in a case is not a final order. (2 California Workers’ Compensation Practice (4th ed. Cal CEB 2000) §§ 21.8-21.9, pp. 1273-1275.) A “final” order has been defined as one “which determines any substantive right or liability of those involved in the case.” (Maranian v. Workers’ Comp. Appeals Ed. (2000) 81 Cal.App.4th 1068, (65 Cal.Comp.Cases 650]; Safeway Stores, Inc. v. Workers’ Comp. Appeals Ed. (Pointer) (1980) 104 Cal.App.3d 528, [45 Cal.Comp.Cases 410-413]; Kaiser Foundation Hospitals v. Workers’ Comp.Appeals Ed (Kramer) (1978) 82 Cal.App.3d 39, [43 Cal.Comp.Cases 661].) Here, reconsideration is sought from a Notice of Intention to Dismiss [this] Case, not an order actually dismissing this case. Since there is no final dismissal, there is no final order as discussed in the above authorities Therefore, we will dismiss the petition for reconsideration. Furthermore, the petition is subject to dismissal for the additional reason that it lacks the required verification. (Lab. Code, § 5902.)/ / / , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD _________________________
Elga Perez vs. Department Of Social Services In Home Support Services Administered By York Risk Services Group
This case involves Elga Perez and the Department of Social Services-In Home Support Services, administered by York Risk Services Group. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration due to the fact that it was not a final order and lacked the required verification.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ6715627
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