Home/Case Law/ALFREDO MACIEL vs. COLOR SPOT NURSERIES, INC., CHARTIS INSURANCE, SPECIALTY RISK SERVICES
Regular DecisionReconsideration

ALFREDO MACIEL vs. COLOR SPOT NURSERIES, INC., CHARTIS INSURANCE, SPECIALTY RISK SERVICES

Filed: May 02, 2011
San Francisco
ADJ2998112 (SJO 0268663)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's order admitting a medical report was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied the petition as a request for removal, finding no prejudice or irreparable harm, and noting the defendant's inaction and failure to attend a properly noticed deposition. Furthermore, the defendant's prolonged delay in objecting to the report and its failure to properly identify parties under Board Rule 10550 were also critical factors in the denial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's order admitting a medical report was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied the petition as a request for removal, finding no prejudice or irreparable harm, and noting the defendant's inaction and failure to attend a properly noticed deposition. Furthermore, the defendant's prolonged delay in objecting to the report and its failure to properly identify parties under Board Rule 10550 were also critical factors in the denial.

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