PARAMOUNT ELEVATORS; XL SPECIALTY INSURANCE adjusted by BROADSPIRE; OTIS ELEVATORS; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and STATE COMPENSATION INSURANCE FUND, MARK RYAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARK RYAN, Applicant,vs.PARAMOUNT ELEVATORS; XL SPECIALTY INSURANCE adjusted by BROADSPIRE; OTIS ELEVATORS; INSURANCE COMPANY OF THE STATEOF PENNSYLVANIA and STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. ADJ1334604 (SFO 0494832)ADJ4066455 (SFO 0492832)ADJ6553832 (NO WCAB #)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’ Camp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410, 413]; Kaiser Foundation Hospitals v. Workers’ Camp. 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’ Camp. 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. 4 5 [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 are non-final interlocutory orders that do not determine any substantive right of the parti
Mark Ryan, vs. Paramount Elevators; Xl Specialty Insurance Adjusted By Broadspire; Otis Elevators; Insurance Company Of The State Of Pennsylvania And State Compensation Insurance Fund,
This case involves a petition for reconsideration and removal filed by Mark Ryan against Paramount Elevators, XL Specialty Insurance adjusted by Broadspire, Otis Elevators, Insurance Company of the State of Pennsylvania, and State Compensation Insurance Fund. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not from a "final" order, decision, or award and the petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1334604
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