Jizhong Jim Yin vs. Mcdata Corporation The Hartford And Travelers

(OAK 0342828)In this case, Jizhong Jim Yin filed a petition for reconsideration against McData Corporation, The Hartford, and Travelers. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not a "final" order and did not determine any substantive right or liability of those involved in the case. The Board also denied removal as petitioner did not show that there would be substantial prejudice or irreparable harm if removal was not granted.

MCDATA CORPORATION THE HARTFORD AND TRAVELERS JIZHONG JIM YIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJIZHONG JIM YIN, Applicant,vs.MCDATA CORPORATION; THEHARTFORD AND TRAVELERS, Defendants.Case No. ADJ3850467 (OAK 0342828)ORDER DISMISSINGPETITION FORRECONSIDERATIONAND 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 1180; Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d 45 [43 Cal.Comp.Cases 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. 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 (writ den.).) ,             To the extent that the petition see

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