Home/Case Law/FILEMON VAZQUEZ vs. KERN MASONY STRUCTURES, AMTRUST NORTH AMERICA
Regular DecisionReconsideration

FILEMON VAZQUEZ vs. KERN MASONY STRUCTURES, AMTRUST NORTH AMERICA

Filed: Sep 19, 2013
Santa Ana
ADJ7526343

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as decisions on venue are interlocutory. The Board also denied the petition for removal, adopting the judge's report which found no substantial prejudice or irreparable harm if removal wasn't granted. The judge noted that the venue issue was not raised at a subsequent expedited hearing where a resolution was reached. Therefore, the petition was improperly filed, and reconsideration was dismissed while removal was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as decisions on venue are interlocutory. The Board also denied the petition for removal, adopting the judge's report which found no substantial prejudice or irreparable harm if removal wasn't granted. The judge noted that the venue issue was not raised at a subsequent expedited hearing where a resolution was reached. Therefore, the petition was improperly filed, and reconsideration was dismissed while removal was denied.

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