Juan Carlos Donato Ruiz vs. American Cable, Inc.; California Insurance Company C/o Applied Risk Services

is a case involving Juan Carlos Donato Ruiz, the applicant, and American Cable, Inc. and California Insurance Company c/o Applied Risk Services, the defendants. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Board found that the petition was not a "final" order, decision, or award and that the petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

American Cable, Inc.; California Insurance Company c/o Applied Risk Services Juan Carlos Donato Ruiz  WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA                JUAN CARLOS DONATO RUIZ, Applicant,    vs.    AMERICAN CABLE, INC.; CALIFORNIA INSURANCE COMPANY c/o APPLIED RISK SERVICES, Defendants.        Case No. ADJ9180631                    ORDER 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’    Camp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1075 [65 Cal.Comp.Cases 650, 655]; Rymer, supra, 211    Cai.App.3d 1180; Kaiser Foundation Hospitals (Krame1), 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 

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