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Sherry Levy vs. Manpower Of Sacramento; National Union Fire Insurance Company Of Pittsburgh, Administered By Gallagher Bassett Services, Inc.

Manpower Of Sacramento; National Union Fire Insurance Company Of Pittsburgh, administered by Gallagher Bassett Services, Inc. Sherry Levy WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERRY LEVY, Applicant,vs.MANPOWER OF SACRAMENTO; NATIONAL UNION FIRE INSURANCECOMPANY OF PITTSBURGH, admiministered by GALLAGHER BASSETTSERVICES, INC., Defendants.Case No. ADJ7523477 (Sacramento District Office)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’ 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 (4th ed Cal CEB 2000) §§ 21.8, 21.9. Pre-trial orders regsimilar issues are non-arding evidence, discovery, trial settling, 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.); J

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