Eren Lezama, vs. Cpehr/Dordulian Law Group; Zurich American Insurance Company,

This case involves a petition for reconsideration or removal from a workers' compensation administrative law judge's (WCJ) order rescinding a prior order of dismissal. The petition was dismissed to the extent it sought reconsideration and denied to the extent it sought removal. Removal is an extraordinary remedy rarely exercised by the Appeals Board and the petitioner must demonstrate that substantial prejudice or irreparable harm will result if removal is not granted and that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. Based on the WCJ's analysis of the merits of petitioner's arguments, the Appeals Board was not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate

Cpehr/Dordulian Law Group; Zurich American Insurance Company, Eren Lezama, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEREN LEZAMA,Applicant,vs.CPEhr/DORDULIAN LAW GROUP; ZURICH AMERICAN INSURANCE COMPANY,Defendants.Case No. ADJ7540212(Santa Ana District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            We have considered the allegations of the Petition for Reconsideration or Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCIJ’s report, we will dismiss the petition to the extent it seeks reconsideration and deny it to the extent it seeks removal.            A petition for reconsideration may only be taken from a “final” order, decision, or award. (Lab. Code, §§ 5900(a), 5902, 5903.) A “final” order has been defined as one that either “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]) or determines a “threshold” issue that is fundamental to the claim for benefits. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650, 650-651, 655-656].) Interlocutory procedural or evidentiary decisions, entered in the midst of the workers’ compensation proceedings, are not considered “final” orders. (Maranian, supra, 81 Cal.App.4th at p. 1075 [65 Cal.Comp.Cases at p. 655] (“interim orders, which do not decide a threshold issue, such as intermediate procedural or evidentiary decisions, are not ‘final’ ”); Rymer, supra, 211 Cal.App.3d at p. 1180 (“[t]he term [

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