LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; SEDGWICK CLAIMS SERVICES, SANDRA WILLIAMS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA WILLIAMS, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; SEDGWICK CLAIMS SERVICES, Defendant(s).Case No. ADJ1860893 (VNO 0349248)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Lien claimant, David Silver, M.D., seeks “reconsideration or removal” of the April 15, 2009 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) ordered that the matter be taken off calendar. Lien claimant contends that the WCJ erred by taking the matter off calendar arguing that the record is adequate to proceed to trial on the merits of petitioner’s lien. We have considered the issues set forth in lien claimant’s petition and the contents of the WCJ’s Report and Recommendation on Petition for Reconsideration/Removal (Report). Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate, we will dismiss lien claimant’s Petition for Reconsideration because there is no order subject to reconsideration. Treating the petition as a Petition for Removal, we will deny removal. At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The WCJ’s decision to order the matter off calendar does not constitute 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 26 Workers’ Compensation Practice, Cal. CEB 4 th Ed.. 2007, sections 21.8 – 21.9, pp. 1605-1607.) A , “final” order has been defined as one which determines any substantive right or liability of those involved in the case. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.Ap
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