Shirley Washington vs. Costco Wholesale, And Sedgwick Claims Management

In this case, Shirley Washington filed a petition for reconsideration and removal against Costco Wholesale and Sedgwick Claims Management. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal. The Board found that the petition for reconsideration was not properly taken as it did not determine any substantive right or liability of those involved in the case. The petition for removal was denied as petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted or that reconsideration would be an inadequate remedy if a final decision adverse to petitioner ultimately issued.

Costco Wholesale, and Sedgwick Claims Management Shirley Washington WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHIRLEY WASHINGTON, Applicant,vs.COSTCO WHOLESALE, and SEDGWICKCLAIMS MANAGEMENT, Defendants.Case Nos. ADJ2557593 (OAK 0321451)ADJ7115613ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL            We have considered the allegations of the Petition for Reconsideration, 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 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 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. Appeals Bd. (1979) 44 Cal.Comp.Cases 190 (writ den.).) ,   

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.