New Legend, Inc.; AIG Claims, Inc.; Uninsured Employers Benefits Trust Fund Harjinder Singh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHARJINDER SINGH, Applicant,vs.NEW LEGEND, INC.; AIG CLAIMS, INC.; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants.Case No. ADJ6734001ORDER DISMISSING PETITIONS FOR RECONSIDERATION AND DENYING REMOVAL We have considered the allegations of the Petitions 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, 6651.) 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(s) here – are non-final interlocutory orders that do not determine any substantive right of the parties. Accordingly, the Petitions, to the extent it seeks reconsideration, must be dismissed. (E.g., Elwood v. Workers’ Comp. Appeals Bd. (2001) 66 CalComp.Cases 272 (writ den.); Jablonski v. , Workers’ Comp. Ap
Harjinder Singh vs. New Legend, Inc.; Aig Claims, Inc.; Uninsured Employers Benefits Trust Fund
In this case, Harjinder Singh filed a petition for reconsideration and removal with the Workers' Compensation Appeals Board of California. The Board dismissed the petition for reconsideration as it was not a "final" order, and denied the petition for removal as petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6734001
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