Jesus Rios vs. Bryan Jones Dba The Kb Group Tokio Marine Uninsured Employers Benefits Trust Fund

.OPIn this case, the Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant had argued that the supplemental medical reports should be excluded under Labor Code section 5502, but the Appeals Board held that they were admissible as evidence in the case-in-chief. The Appeals Board also denied the defendant's request to obtain rebuttal evidence, stating that the issue should be determined by the trial judge.

BRYAN JONES dba THE KB GROUP TOKIO MARINE UNINSURED EMPLOYERS BENEFITS TRUST FUND JESUS RIOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS RIOS, Applicant,vs.BRYAN JONES dba THE KB GROUP; TOKIO    MARINE; UNINSURED EMPLOYERSBENEFITS TRUST FUND, Defendants.Case No. ADJI 471935 (LAO 0872244)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATIONAND DENYING PETITION FORREMOVAL            Defendant, the KB Group, seeks reconsideration or removal from the Decision After Reconsideration, issued March 26, 2014, in which this panel of the Workers’ Compensation Appeals Board held that supplemental medical reports from physicians who previously reported in this matter were admissible as evidence in the case-in-chief, but that other medical and vocation evidence which had not been disclosed as of the Mandatory Settlement Conference (MSC) were excluded under Labor Code section 5502.            Defendant contends the Appeals Board abused its discretion in holding that the supplemental medical reports are admissible, arguing that the reports should be excluded under Labor Code section 5502. Alternatively, defendant argues that if the reports are admitted, it should be permitted to obtain rebuttal reports. Applicant has filed an answer to defendant’s petition.            We will dismiss defendant’s petition for reconsideration, as it is not taken from a final order, and will deny defendant’s alternative request that we exercise our discretion to remove the matter pursuant to Labor Code section 5310.            Reconsideration may be sought only to review a “final decision, order or award.” (Lab. Code, §§ 5900, 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. Appe

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