HOLLYWOOD PARK CASINO; STATE COMPENSATION INSURANCE FUND, MARIA ROWENA MABINI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ROWENA MABINI, Applicant,vs.HOLLYWOOD PARK CASINO; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ2427648 (LBO 0377812) OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION STATE FOR REMOVAL Defendant seeks removal, or in the alternative, reconsideration of the Order issued April 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered the matter off calendar with the parties to proceed with “AME [and] QME procedures pursuant to the Labor Code.” Defendant contends that the WCJ erred by ordering the parties to proceed with AME and QME procedures arguing that applicant’s treatment is presently being managed through a health care organization contract pursuant to Labor Code section 4600.3. Defendant has previously objected to applicant’s treatment outside of the health care organization (HCO). Applicant filed an Answer. We have considered defendant’s petition and the WCJ’s Report and Recommendation on Petition for Removal (Report) with respect thereto. Based upon our review of the record and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate, 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 removal. We note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) An interlocutory procedural order, such as this Order taking the matter off calendar and requiring further medical reports, is not 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 4k Ed., 2007, sec
Maria Rowena Mabini, vs. Hollywood Park Casino; State Compensation Insurance Fund,
(LBO 0377812) is a case in which the defendant, Hollywood Park Casino, and the State Compensation Insurance Fund, sought removal or reconsideration of an order issued by the Workers' Compensation Administrative Law Judge. The order required the parties to proceed with AME and QME procedures pursuant to the Labor Code. The Workers' Compensation Appeals Board denied the petition for removal and dismissed the petition for reconsideration, as the order was not a final order and did not dispose of the substantive rights and liabilities of those involved in the case.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ2427648
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