CompFox AI Summary
The Appeals Board dismissed Elizabeth McDaniel's petition for reconsideration because it was filed against an interlocutory procedural or evidentiary decision, not a "final" order. Such intermediate decisions do not determine substantive rights or liabilities, nor threshold issues, and thus are not appealable for reconsideration. The Board also denied the petition for removal, an extraordinary remedy, as McDaniel failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate.
Full Decision Text1 Pages
The Appeals Board dismissed Elizabeth McDaniel's petition for reconsideration because it was filed against an interlocutory procedural or evidentiary decision, not a "final" order. Such intermediate decisions do not determine substantive rights or liabilities, nor threshold issues, and thus are not appealable for reconsideration. The Board also denied the petition for removal, an extraordinary remedy, as McDaniel failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate.
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