Steven Thomas, vs. City Of Stockton, Permissibly Self- Insured,

In this case, the City of Stockton was permissibly self-insured and Steven Thomas was the applicant. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, stating that the order to develop the record regarding permanent partial disability for the bilateral feet was an interim order and not a final order. The Board also denied removal, stating that the petitioner had not shown any substantial prejudice or irreparable harm by the order or that reconsideration of a final order would not be an adequate remedy. The Board also noted that the Findings of Fact, Award, Order and Opinion on Decision (F&A) resolves some substantive issues and may be deemed a final order with respect to those issues. The Board also noted that the

City Of Stockton, permissibly self- insured, Steven Thomas, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN THOMAS,Applicant,vs.CITY OF STOCKTON, permissibly self- insured,Defendant(s).Case No. ADJ9509583(Stockton District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration.            The Report and Recommendation by the WCJ states that the order to develop the record regarding permanent partial disability for the bilateral feet was an interim order. A petition for reconsideration may only be taken from a “final” order, decision, or award. (Lab. Code, §§ 5900(a), 5902, 5903.) A “final” order has been defined as one that either “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 [ 45Cal.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]) or determines a “threshold” issue that is fundamental to the claim for benefits. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650, 650-651, 655-656].) Interlocutory procedural or evidentiary decisions, entered in the midst of the workers’ compensation proceedings, are not considered “final” orders. (Maranian, supra, 81 Cal.App.4th at p. 1075 [65 Cal.Comp.Cases at p. 655] (“interim orders, which do not decide a threshold issue, such as intermediate procedural or evidentiary decisions, are not , ‘final'”); Rymer, supra, 211 Cal.App.3d at p. 1180 (“[t]he term [‘

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