Esperenza Lopez Vargas, vs. Elvira Sandoval Flc; Zenith Insurance Company,

This case involves a petition for reconsideration filed by Esperenza Lopez Vargas against Elvira Sandoval FLC and Zenith Insurance Company. The Workers' Compensation Appeals Board determined that the petition for reconsideration was not a "final" order and dismissed it. The Labor Code and Appeals Board Rules require that the petition for reconsideration must set forth specifically and in full detail the grounds upon which the petitioner considers the final order to be unjust or unlawful, and must be verified upon oath and contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. The petition was dismissed for failing to meet these requirements.

Elvira Sandoval Flc; Zenith Insurance Company, Esperenza Lopez Vargas, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESPERENZA LOPEZ VAR GAS,Applicant,vs.ELVIRA SANDOVAL FLC; ZENITH INSURANCE COMPANY,Defendants.Case No. ADJ9640872(Redding District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, the petition seeks reconsideration of a non-final order and will be dismissed.            A petition for reconsideration may properly be taken only 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 [‘final’] does not include intermediate procedural orders or discovery orders”); Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d at p. 45 [43 Cal.Comp.Cases at p. 6

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

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

Copyright © 2023 - CompFox Inc.