Humberto Zuniga vs. Balfab Manufacturing Company; State Compensation Insurance Fund

In this case, Humberto Zuniga is appealing a decision by the Workers' Compensation Appeals Board regarding Balfab Manufacturing Company and the State Compensation Insurance Fund. The petition for reconsideration and removal is dismissed because the decision does not determine any substantive right or liability and does not determine a threshold issue. The petition for removal is also denied because it is not verified, and the petitioner has not cured the defect or offered an explanation for the lack of verification.

Balfab Manufacturing Company; State Compensation Insurance Fund Humberto Zuniga WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHUMBERTO ZUNIGA, Applicant,vs.BALFAB MANUFACTURING COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ3545497 (VNO 0549348)ADJ2475197 (VNO 0402476)ADJ4294865 (VNO 0435139)ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            We have considered the allegations of the Petition for Reconsideration and Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will dismiss the petition to the extent it seeks reconsideration and deny it to the extent it seeks removal.            A petition for reconsideration may only be taken 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.3d1171, 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] (“interimorders, 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

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