LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CMS ELLEN BRASWELL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELLEN BRASWELL, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CMS, Defendants.Case Nos. ADJ3514782 (VNO 0144032)ADJ918354 (VNO 0144033)OPINION AND ORDERS DISMISSING PETITIONS FOR RECONSIDERATIONAND DENYING PETITIONS FOR REMOVAL On August 6, 2012, the WCJ issued a Finding and Order Re: Second QME Panel (Unrepresented Case). Ellen Braswell, applicant in propria persona, filed a Petition for Reconsideration and Removal of the Finding and Order. On August 17, 2012, the WCJ issued an Order Denying Applicant’s Petition (to strike the report of QME Weingarten). Ellen Braswell, applicant in propria persona, filed a separate Petition for Reconsideration and Removal of the Order Denying Applicant’s Petition (to strike the report of QME Weingarten). In reference to reconsideration, we have considered the allegations of both Petitions 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 C
ELLEN BRASWELL vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CMS
ADJ918354 (VNO 0144033)The Los Angeles Unified School District and Sedgwick CMS were defendants in a workers' compensation case in which Ellen Braswell was the applicant. Braswell filed two petitions for reconsideration and removal of the Finding and Order and Order Denying Applicant's Petition (to strike the report of QME Weingarten). The Workers' Compensation Appeals Board dismissed the petitions for reconsideration and denied the petitions for removal, finding that the orders were not final and that Braswell had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3514782
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.