Kramers Pharmacy; Fireman’S Fund Insurance Co. Kristen Hartman WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKRISTEN HARTMAN, Applicant,vs.KRAMERS PHARMACY; FIREMAN’S FUND INSURANCE CO., Defendant(s).Case No. ADJ7306342OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Defendant seeks removal and reconsideration of the Minute Order, issued August 2. 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered that applicant’s claim for workers’ compensation benefits was set for trial “on the issue of AOC/COE.” The WCJ also noted that there was “no objection to the Declaration of Readiness by defendant.” Defendant contends that the WCJ erred by ordering that the matter proceed “to AOE/COE trial*’ arguing: (1 ) that applicant’s Declaration of Readiness to Proceed “only lists Dr. Thomas Curtis’s reporting” which was limited to applicant’s claim for psychological injuries and did not include supporting medical evidence for any of applicant’s other claim injuries; and (2) that applicant’s “personal physician, Dr. Françoise Mcntecr ‘ has not commented on industrial causation of applicant’s injury and therefore the medical record is currently incomplete and must be further developed. Based upon our review of the record, and for the reasons set forth herein, we will dismiss defendant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and deny defendant’s petition as a Petition for Removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The W’CJ’s Minute Order, setting the matter for trial, docs not constitute a final order within the meaning of Section 5900. An order which does not dispose of , the substantive rights and liabilities of those involved in a case, is not a final order. (2 California Workers’ Compensation Practice, Cal. CEB 4th Ed.
Kristen Hartman vs. Kramers Pharmacy; Fireman’s fund Insurance Co.
is a case in which the defendant, Kramers Pharmacy and Fireman's Fund Insurance Co., sought removal and reconsideration of a Minute Order issued by a workers' compensation administrative law judge. The Minute Order set the matter for trial on the issue of AOC/COE, with no objection from the defendant. The defendant argued that the WCJ erred by ordering the matter proceed to AOE/COE trial, as the applicant's Declaration of Readiness to Proceed only listed one doctor's reporting and the applicant's personal physician had not commented on industrial causation of the injury. The Petition for Reconsideration was dismissed and the Petition for Removal was denied, as the defendant had failed to establish that the order, decision or action
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7306342
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