Elisa Martinez vs. Golden Valley Health Center; Amtrust North America

This case involves Elisa Martinez, a 50-year-old employee of Golden Valley Health Center, who sustained an injury to her left elbow and upper extremity while lifting a laptop. Martinez filed a petition for reconsideration of a Workers' Compensation Judge's decision denying her motion to strike the panel QME and request for a replacement panel. The petition was denied as the Judge found that the panel QME did not violate any regulations, the motion to strike was not filed until after the panel QME report was received, and Martinez was not entitled to a replacement panel. The Judge also noted that allowing a replacement panel at this point would condone doctor shopping.

Golden Valley Health Center; Amtrust North America Elisa Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELISA MARTINEZ, Applicant,vs.GOLDEN VALLEY HEALTH CENTER; AMTRUST NORTH AMERICA, Defendants.Case No. ADJ8022096 (Stockton District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR 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 si rilar 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

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

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

Copyright © 2023 - CompFox Inc.