ESAU FATU LEOTA PANAPA, Deceased JULIA PANAPA vs. COUNTY OF VENTURA PROBATION AGENCY; Legally Uninsured, Administered By CORVEL

This case involves a petition for reconsideration and removal filed by Julia Panapa against the County of Ventura Probation Agency, which is legally uninsured and administered by Corvel. The petition for reconsideration was dismissed as it was not a "final" order, decision, or award. The petition for removal was denied as Julia Panapa did not show that there would be substantial prejudice or irreparable harm if removal was not granted or that reconsideration would be an inadequate remedy if a final decision adverse to petitioner ultimately issued.

COUNTY OF VENTURA PROBATION AGENCY; Legally Uninsured, Administered By CORVEL ESAU FATU LEOTA PANAPA, Deceased JULIA PANAPA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESAU FATU LEOTA PANAPA, Deceased JULIA PANAPA, Applicant,vs.COUNTY OF VENTURA PROBATION AGENCY; Legally Uninsured,Administered By CORVEL, Defendants.Case Nos. ADJ6767244ADJ6767237(Oxnard District Office)ORDER DISMISSING PETITION FOR RECONSIDERATIONAND DENYING 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 similar issues – such as the order here – 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’

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