LIHWA Group, Inc. dba Jack In The Box; California Restaurant Mutual Benefit Corporation, Administered by American Claims Management Jesus Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS GARCIA, Applicant,vs.LIHWA GROUP, INC. dba JACK IN THE BOX;CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION,Administered by AMERICAN CLAIMS MANAGEMENT, Defendants.Case No. ADJ8340453 (Los Angeles District Office)ORDER DISMISSING PETITION FOR RECONSIDERATION AND 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 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. Wo
Jesus Garcia vs. Lihwa Group, Inc. Dba Jack In The Box; California Restaurant Mutual Benefit Corporation, Administered By American Claims Management
In this case, Jesus Garcia filed a petition for reconsideration against LIHWA Group, Inc. dba Jack In The Box and California Restaurant Mutual Benefit Corporation, Administered by American Claims Management. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not from a "final" order, decision, or award. The Board admonished the defendant's attorney for captioning the petition as a "Petition for Removal and/or Reconsideration" and left it to the WCJ to conduct further proceedings on sanctions at the trial level.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ8340453
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