LA MESA APPLIANCE COMPANY; STATE COMPENSATION INSURANCE FUND HARRY PIFER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHARRY PIFER, Applicant,vs.LA MESA APPLIANCE COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4447791(SDO0259860)ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL We have considered the allegations of the Petition for Reconsideration, 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 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 1180; Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d 45 [43 Cal.Comp.Cases 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 are non-final interlocutory orders that do not determine any substantive right of the parties. Accordingly, the petition, to the extentit seeks reconsideration, must be dismissed. (E.g., Elwood v. Workers’ Comp. Appeals Bd. (2001) 66 Cal.Comp.Cases 272 (writ den.); Jablonski v. Workers’ Comp. Appeals Bd. (1987) 52 Cal.Comp.Cases 399 (writ den.); Beckv. Workers’ Comp. Appeals Bd. (1979) 44 Cal.Comp.Cases 190 (writ den.).) , To the extent
Harry Pifer vs. La Mesa Appliance Company; State Compensation Insurance Fund
In this case, Harry Pifer filed a petition for reconsideration against La Mesa Appliance Company and the State Compensation Insurance Fund. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not considered a "final" order and did not determine any substantive right or liability of those involved in the case. The supplemental petition and attachments were also rejected and not considered.
- Filed On:
- Court: California, San Diego
- Case No. ADJ4447791
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