Kim Willis, vs. Palmdale Unified School District, Permissibly Self-insured, Administered By Southern California Risk Management Associates, Inc. (scrma).

In this case, Kim Willis, an applicant, alleged that while employed as a school psychologist on May 2, 2007, she sustained industrial injury to her right knee. The defendant, Palmdale Unified School District, sought reconsideration of a workers' compensation administrative law judge's Order of March 11, 2009, wherein the WCJ ordered the case off-calendar "for the parties to comply with [Labor Code §] 4062.2." The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration, as the order was an interim order taking a matter of calendar in order to conduct further discovery, and not a "final" order subject to a petition for reconsideration.

PALMDALE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC. (SCRMA). KIM WILLIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKIM WILLIS, Applicant,vs. PALMDALE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.(SCRMA). Defendants. Case No. ADJ4550848 (VNO 0538838)AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s Order of March 11, 2009, wherein the WCJ ordered the case off-calendar “for the parties to comply with [Labor Code §] 4062.2.” In this matter, the applicant alleges that while employed as a school psychologist on May 2, 2007, she sustained industrial injury to her right knee.            Defendant contends that the WCJ erred in ordering the case off-calendar on the trial date and ordering the parties to develop the medical record by following the process outlined by Labor Code § 4062.2. We have not received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (“Report”).            Labor Code § 5900(a) allows reconsideration only of a “final order, decision, or award.” (Emphasis added.) (See also Labor Code, §§ 5901-5903.) As the California Court of Appeal, Fifth Appellate District explained:       “A ‘final order’ for purposes of section 5900 includes any order       which settles, for purposes of the compensation proceeding, an       issue critical to the claim for benefits, whether or not it resolves all       the issues in the proceeding or represents a decision on the right to       benefits. [Citations.]***       “Interim orders, which do not decide a threshold issue, such as       intermediate procedural or evidentiary decisions, are not ‘final’ for ,        purposes of section 5900. [Citations.]” (Maranian v. Workers’       Comp. Appeals Bd. (2000) 81 Cal.App.4th 106

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