Home/Case Law/ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY
Regular DecisionReconsideration

ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY

Filed: Sep 06, 2013
Oakland
ADJ8689422

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as Labor Code § 5900 only permits reconsideration of final decisions. The WCAB denied the defendant's Petition for Removal, finding no demonstration of irreparable harm from a discovery order requiring witness statement production prior to the applicant's deposition. Finally, the WCAB corrected a clerical error in the original award to accurately reflect that the applicant claims to have sustained an industrial injury, rather than definitively finding such an injury.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as Labor Code § 5900 only permits reconsideration of final decisions. The WCAB denied the defendant's Petition for Removal, finding no demonstration of irreparable harm from a discovery order requiring witness statement production prior to the applicant's deposition. Finally, the WCAB corrected a clerical error in the original award to accurately reflect that the applicant claims to have sustained an industrial injury, rather than definitively finding such an injury.

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ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY (2013) – Oakland | CompFox