J.L. Bray And Sons, Inc.; State Compensation Insurance Fund, Frank H. Mcconnell, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANK H. MCCONNELL,Applicant,vs.J.L. BRAY AND SONS, INC.; ST ATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ7081998(Stockton District Office)OPINION AND DECISION AFTER RECONSIDERATION The Appeals Board previously granted defendant’s Petition for Reconsideration of the December 13, 2016 Opinion and Order Granting Reconsideration to allow time to review this case. This is our Decision After Reconsideration. In the December 13, 2016 Opinion and Order Granting Reconsideration and Decision After Reconsideration, the Appeals Board rescinded the workers’ compensation judge’s September 29, 2016 Findings, A ward and Order and returned the matter to the trial level for further development of the record. Defendant contends that the Appeals Board ignored the mandate of Labor Code section 5502( d)(3) that discovery close at the mandatory settlement conference. For the reasons discussed below, we will vacate the March 6, 2017 Order Granting Reconsideration and dismiss defendant’s Petition for Reconsideration. Labor Code § 5900(a) allows reconsideration only of a “final order, decision, or award.” (Emphasis added.) (See also Labor Code§§ 5901-5903) 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 29, 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. Worker
Frank H. Mcconnell, vs. J.l. Bray And Sons, Inc.; State Compensation Insurance Fund,
This case is about J.L. Bray And Sons, Inc. and the State Compensation Insurance Fund appealing a decision by the Workers' Compensation Appeals Board. The Appeals Board rescinded the workers' compensation judge's September 29, 2016 Findings, Award and Order and returned the matter to the trial level for further development of the record. The Appeals Board vacated the March 6, 2017 Order Granting Reconsideration and dismissed the defendant's Petition for Reconsideration, as the Order did not determine a substantive question and removal was not granted as it would not result in substantial prejudice or irreparable harm.
- Filed On:
- Court: California, Stockton
- Case No. ADJ7081998
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.