CERES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, YOLANDA GIL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYOLANDA GIL, Applicant,vs.CERES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant(s).Case Nos. ADJ3642899 (STK 0197722)ADJ1012548 (STK 0197723)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Defendant seeks reconsideration or, in the alternative, removal of the March 18, 2009 Order Taking the Matter Off Calendar wherein the workers’ compensation administrative law judge (WCJ) took the matter off calendar. Defendant contends that the WCJ erred by failing to close discovery at the Mandatory Settlement Conference contrary to Labor Code section 5502 arguing that applicant’s “further litigation” will cause defendant “irreparable harn from increased litigation costs.” Applicant filedan Answer. We have considered the issues set forth in defendant’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 defendant’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 Workers’ Compensation Practice, Cal. CEB 4″ Ed., 2007, sections 21.8 – 21.9, pp. 1605-1607.) , “final” order has been defined as one which determines any substantive right or liability of those involved in the case. (Ma
Yolanda Gil, vs. Ceres Unified School District, Permissibly Self-insured,
In this case, the Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied the Petition for Removal. The Board found that the WCJ's decision to order the matter off calendar did not constitute a final order within the meaning of Labor Code section 5900, and that the defendant had failed to establish that the order would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, Stockton
- Case No. ADJ3642899
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