Randa S. Reid vs. Los Angeles County Metropolitan Transit Authorit Permissibly Self-insured

(LAO 0744760)ADJ4630105 (LAO 0803706)ADJ3055310 (LAO 0803707)ADJ1933495 (LAO 0803708)ADJ589857 (LAO 0868645)ADJ826077 (BGN 0130247) In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied Removal. The Board determined that the Petition for Reconsideration was not properly taken as it was not from a "final" order, decision, or award. The Board also denied Removal as Petitioner had not shown that there would be substantial prejudice or irreparable harm if Removal was not

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORIT Permissibly Self-Insured RANDA S. REID WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARANDA S. REID, Applicant,vs.LOS ANGELES COUNTY METROPOLITANTRANSIT AUTHORITY, PermissiblySelf-Insured, Defendants.Case Nos. ADJ785936 (LAO 0744760)ADJ4630105 (LAO 0803706)ADJ3055310 (LAO 0803707)ADJ1933495 (LAO 0803708)ADJ589857 (LAO 0868645)ADJ826077 (BGN 0130247)ORDER DISMISSING PETITIONFOR RECONSIDERATION ANDDENYING 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, 4131; 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 1180. Kaiser Foundation Hospitals (Kramer), 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. (19

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