Home/Case Law/ALFONSO ESCOBAR vs. BIMBO BAKERIES USA, GALLAGHER BASSETT RANCHO CUCAMONGA
Regular DecisionReconsideration and Removal

ALFONSO ESCOBAR vs. BIMBO BAKERIES USA, GALLAGHER BASSETT RANCHO CUCAMONGA

Filed: Apr 21, 2010
San Francisco
ADJ6830729

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the order suspending action was not a final order. However, the Board treated the filing as a Petition for Removal, granted it, and rescinded the judge's order suspending action. This action allows the matter to return to the trial level for further proceedings regarding the defendant's Petition to Compel Deposition. The WCJ's observation that the deponent should not be deposed again was clarified as merely an observation, not a binding ruling.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the order suspending action was not a final order. However, the Board treated the filing as a Petition for Removal, granted it, and rescinded the judge's order suspending action. This action allows the matter to return to the trial level for further proceedings regarding the defendant's Petition to Compel Deposition. The WCJ's observation that the deponent should not be deposed again was clarified as merely an observation, not a binding ruling.

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