JULIE SMITH vs. GOTTCHALKS, LIBERTY MUTUAL FIRE INSURANCE, NORTH VALLEY SCHOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR/CAL COMP, in liquidation

In Smith v. Gottchalks, the Workers' Compensation Appeals Board dismissed a petition for reconsideration. The Board found that a petition for reconsideration can only be filed after a final order, decision, or award. An order granting reconsideration without resolving the underlying issues is not considered a final order under Labor Code section 5900. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.