County Of Los Angeles; Permissibly Self-Insured, Administered By Tristar Risk Management, Janet Riley, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANET RILEY,Applicant,vs.COUNTY OF LOS ANGELES; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT,Defendants.Case No. ADJ1357794 (VNO 0359450)OPINION AND 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.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 Ca1.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 procedural or evidentiary decisions, , are not ‘final’ “); Rymer, supra, 211 Cal
Janet Riley, vs. County Of Los Angeles; Permissibly Self-insured, Administered By Tristar Risk Management,
This case involves a petition for reconsideration and removal filed by Janet Riley against the County of Los Angeles, which is permissibly self-insured and administered by Tristar Risk Management. The Workers' Compensation Appeals Board considered the allegations of the petition and the contents of the report of the workers' compensation administrative law judge (WCJ). The Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal. The Board found that the WCJ's decision solely resolved an intermediate procedural or evidentiary issue or issues and did not determine any substantive right or liability or a threshold issue. The Board also admonished applicant's attorney Stephen F. Gary for improperly attaching exhibits to the petition and impugning the integrity
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1357794
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