James Maxey vs. Twin Rivers Unified School District; Schools Insurance Authority

This case involves James Maxey, who filed a Petition for Reconsideration against Twin Rivers Unified School District and Schools Insurance Authority. The Petition for Reconsideration was dismissed as it was not a "final" order, and removal was denied as there was not substantial prejudice or irreparable harm. The Workers' Compensation Appeals Board denied the Petition for Reconsideration and removal.

Twin Rivers Unified School District; Schools Insurance Authority James Maxey WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES MAXEY, Applicant,vs.TWIN RIVERS UNIFIED SCHOOL DISTRICT;SCHOOLS INSURANCE AUTHORITY, Defendants.Case No. ADJ8169363 (Sacramento District Office)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 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 (4th ed Cal CEB 2000) §§ 21.8, 21.9. Pre-trial orders regarding evidence, discovery, trial settling, venue, or similar issues 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. (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.); Beck v. Workers’ Comp. Appeals Bd. (1979) 44 Cal.Comp.Cases 190

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