Roxanne Brown Garcia vs. Alameda Unified School District Permissibly Self-insured Adjusted By Keenan Associates

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal in the case of Roxanne Brown Garcia vs. Alameda Unified School District, which was permissibly self-insured and adjusted by Keenan Associates. The Board found that the Petition for Reconsideration was not properly taken as it was not a "final" order, and removal was denied as there was no evidence of substantial prejudice or irreparable harm. The petition was also subject to dismissal for not being verified.

ALAMEDA UNIFIED SCHOOL DISTRICT permissibly self-insured adjusted by KEENAN ASSOCIATES ROXANNE BROWN GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROXANNE BROWN GARCIA, Applicant,vs.ALAMEDA UNIFIED SCHOOL DISTRICT,permissibly self-insured, adjusted by KEENANASSOCIATES, Defendants.Case No. ADJ8908416(Oakland District Office)ORDER DISMISSINGPETITION FORRECONSIDERATIONAND DENYING REMOVAL            We have considered the allegations of the Petition for Reconsideration, and we have reviewed the record in this matter.            A petitior 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 Ca1.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 1180; Kaiser Foundation Hospitals (Kramer), supra, 82 Cal.App.3d 45 [43 Cal.Comp.Cases 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 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. Workers’ Comp. Appeals Bd. (1987) 52 Cal.Comp.Cases 399 (writ den.); Beck v. Workers’ Comp. Appe

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