ALEX YI & SONG, INC., dba SUPER 1 STORE; UNINSURED EMPLOYERS BENEFITS TRUST FUND LEOPOLDO MORALES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALEOPOLDO MORALES, Applicant,vs.ALEX YI & SONG, INC., dba SUPER 1 STORE; UNINSUREDEMPLOYERS BENEFITS TRUST FUND, Defendants.Case Nos. ADJ813407 (LBO 0390105)ADJ1193246 (LBO 0390265)ORDER DISMISSING PETITION FOR RECONSIDERATIONAND 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 California Workers’ Compensation Practice (4th ed Cal CEB 2000) §§ 21.8, 21.9.) Pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues – such as the order(s) here – 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.Cas
LEOPOLDO MORALES vs. ALEX YI & SONG, INC., Dba SUPER 1 STORE; UNINSURED EMPLOYERS BENEFITS TRUST FUND
and ADJ1193246 (LBO0390265), Alex Yi & Song, Inc., dba Super 1 Store, and Uninsured Employers Benefits Trust Fund, the Workers' Compensation Appeals Board of California dismissed the Petition for Reconsideration and denied removal. The Petition was not verified, and the order(s) in question were non-final interlocutory orders that did not determine any substantive right of the parties.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ813407
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