CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order, but rather an interlocutory one. The petition was also denied for removal, as no substantial prejudice or irreparable harm was shown. The WCAB noted that while the Division of Workers' Compensation (DWC) has general authority, specific statutes like Labor Code section 4850.4(f) govern repayment of disability pension advances. Since the matter involves repayment determination, and neither the WCJ's nor the WCAB's decisions are final, the County can renew its request for WCAB jurisdiction if civil courts find they lack it.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order, but rather an interlocutory one. The petition was also denied for removal, as no substantial prejudice or irreparable harm was shown. The WCAB noted that while the Division of Workers' Compensation (DWC) has general authority, specific statutes like Labor Code section 4850.4(f) govern repayment of disability pension advances. Since the matter involves repayment determination, and neither the WCJ's nor the WCAB's decisions are final, the County can renew its request for WCAB jurisdiction if civil courts find they lack it.
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