American Cable, Inc.; California Insurance Company c/o Applied Risk Services Juan Carlos Donato Ruiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA JUAN CARLOS DONATO RUIZ, Applicant, vs. AMERICAN CABLE, INC.; CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES, Defendants. Case No. ADJ9180631 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’ Camp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1075 [65 Cal.Comp.Cases 650, 655]; Rymer, supra, 211 Cai.App.3d 1180; Kaiser Foundation Hospitals (Krame1), 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
Juan Carlos Donato Ruiz vs. American Cable, Inc.; California Insurance Company C/o Applied Risk Services
is a case involving Juan Carlos Donato Ruiz, the applicant, and American Cable, Inc. and California Insurance Company c/o Applied Risk Services, the defendants. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Board found that the petition was not a "final" order, decision, or award and that the petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, San Bernardino
- Case No. ADJ9180631
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