PETER ARCARESE vs. LAW OFFICES OF MANUEL H. MILLER; STATE FARM CALIFORNIA, WC CLAIMS

is a case involving Peter Arcaresse and the Law Offices of Manuel H. Miller and State Farm California, WC Claims. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal as the order was an interlocutory procedural or evidentiary decision and not a "final" order. The Board also declined to revisit the issue of disqualification as it had already been dismissed.

LAW OFFICES OF MANUEL H. MILLER; STATE FARM CALIFORNIA, WC CLAIMS PETER ARCARESE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETER ARCARESE, Applicant,vs.LAW OFFICES OF MANUEL H. MILLER; STATE FARMCALIFORNIA, WC CLAIMS, Defendants.Case No. ADJ3882107 (VNO 0535948)(Oakland District Office),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’ 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.Cases 272 (writ den.); , Jablonski v

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