PET SMART, Permissibly Self-Insured Retention Policy, Thereafter, ACE AMERICAN INSURANCE COMPANY Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES KATRINA SENTIERI WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATRINA SENTIERI, Applicant,vs.PET SMART, Permissibly Self-Insured Retention Policy, Thereafter, ACEAMERICAN INSURANCE COMPANY Administered By SEDGWICKCLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ8167149(Salinas 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 – such as the order here – are non-final interlocutory orders that do not determine any substantive right of the , parties. Accordingly, the Petition, to the ext
KATRINA SENTIERI vs. PET SMART, Permissibly Self-Insured Retention Policy, Thereafter, ACE AMERICAN INSURANCE COMPANY Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES
In this case, Katrina Sentieri filed a petition for reconsideration against Pet Smart, Permissibly Self-Insured Retention Policy, Thereafter, ACE American Insurance Company Administered By Sedgwick Claims Management Services. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal. The Board determined that the petition was not a "final" order and did not determine any substantive right of the parties. The Board also determined that removal was not granted because Sentieri had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, Salinas
- Case No. ADJ8167149
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