Mikha V Society Of Los Angeles; State Compensation Insurance Fund, Ignacia De Calderon Barcenas, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIGNACIA DE CALDERON BARCENAS,Applicant,vs.MIKHA V SOCIETY OF LOS ANGELES; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ9120920(Anaheim District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL On March 17, 2017, lien claimant National Script Pharmacy filed a Petition for Reconsideration regarding the February 9, 2017 Order Taking Off Calendar (OTOC) issued by the workers’ compensation administrative law judge (WCJ). We have considered the allegations of the Petition for Reconsideration and the contents of the WCJ’s report with respect thereto. Based on our review of the record, 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.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 y. 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 proc
Ignacia De Calderon Barcenas, vs. Mikha V Society Of Los Angeles; State Compensation Insurance Fund,
In this case, Ignacia De Calderon Barcenas filed a petition for reconsideration and removal regarding a February 9, 2017 Order Taking Off Calendar (OTOC) issued by the workers’ compensation administrative law judge (WCJ). The Workers' Compensation Appeals Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal, as the WCJ's decision was an intermediate procedural or evidentiary issue and did not determine any substantive right or liability. Removal was denied as the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted, and that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ9120920
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