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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.
JULIE SMITH vs. GOTTCHALKS, LIBERTY MUTUAL FIRE INSURANCE, NORTH VALLEY SCHOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR/CAL COMP, in liquidation is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
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.
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