FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, Adjusted by GALLAGHER BASSETT STEPHINO BROWN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEPHINO BROWN, Applicant,vs.FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, Adjusted by GALLAGHER BASSETT, Defendants.Case No. ADJ4628645 (OAK 0327327)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, DENYING PETITION FOR REMOVAL, AND DISMISSING PETITION FOR DISQUALIFICATION On July ,14, 2014, the presiding workers’ compensation administrative law judge (PWCJ) filed an Order on Fourth Petition to Compel Attendance at Panel Qualified Medical Evaluation/Petition to Dismiss (Order). The PWCJ ordered applicant to attend the next scheduled appointments with Dr. Weiss and Dr. Bott; suspended his right to maintain further proceedings until such examinations are completed, absent good cause; and ordered that if applicant fails to attend the evaluations, his case will be dismissed, or a Notice of Intention to Dismiss will be issued. Applicant, who is not represented by an attorney, filed a timely, verified Petition for Reconsideration. Applicant contends that the Order was obtained based on misrepresented information and facts by defendant; that he was denied due process of law because he did not have sufficient opportunity to respond to defendant’s Petition to Compel Attendance at Medical Evaluation filed July 10, 2014; and that defendant cannot be allowed to use fraud and bad faith actions to deny applicant benefits, treatment, or right to hearing on the matter. Defendant has not filed an answer. As was the case with applicant’s last Petition for Reconsideration dated April 7, 2012, the order by which applicant claims to be aggrieved is not a “final order” within the meaning of Labor Codesection 5902. It does not determine any substantive right or liability of any party. See our Order Dismissing Petition for Reconsideration and Denying Removal dated August 10, 2012. Therefore, we aga
Stephino Brown vs. First Transit/first Group; Broadspire, Sedgwick, Adjusted By Gallagher Bassett
In this case, Stephino Brown, an applicant, filed a Petition for Reconsideration, Petition for Removal, and Petition for Disqualification against First Transit/First Group; Broadspire, Sedgwick, Adjusted by Gallagher Bassett. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration, denied the Petition for Removal, and dismissed the Petition for Disqualification. The Board found that the Order by which the applicant claimed to be aggrieved was not a "final order" within the meaning of Labor Code section 5902, and that no proceedings had been assigned to the PWCJ or any other WCJ.
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