LDI TRUCKING; REDWOOD FIRE AND CASUALTY Administered By BHHC BERKSHIRE HATHAWAY HOMESTATE COMPANIES ISSA FARRAJ, Deceased FATEN FARRAJ, Widow WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAISSA FARRAJ, DeceasedFATEN FARRAJ, Widow, Applicant,vs.LDI TRUCKING; REDWOOD FIRE AND CASUALTY Administered By BHHCBERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants.Case No. ADJ6859530(Van Nuys District Office)ORDER DISMISSING PETITION FOR RECONSIDERATIONAND DENYING REMOVAL We have considered the allegations of the Petition 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, 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 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 here – are non-final interlocutory orders that do not determine any substantive right of the parties. Accordingly, the Petition, to the extent it seeks reconsideration, must be dismissed.
ISSA FARRAJ, Deceased FATEN FARRAJ, Widow vs. LDI TRUCKING; REDWOOD FIRE AND CASUALTY Administered By BHHC BERKSHIRE HATHAWAY HOMESTATE COMPANIES
This case involves a petition for reconsideration and removal filed by Faten Farraj, widow of the deceased Issa Farraj, against LDI Trucking and Redwood Fire and Casualty, administered by BHHC Berkshire Hathaway Homestate Companies. The Workers' Compensation Appeals Board dismissed the petition for reconsideration as it was an interlocutory procedural or evidentiary decision, and denied the petition for removal as petitioner did not show that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ6859530
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