CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's order denying environmental testing was an interlocutory procedural order, not a final determination of substantive rights or liabilities. The WCAB also denied the defendant's Petition for Removal, finding no significant prejudice or irreparable harm, and noting the testing request was overbroad and lacked a showing of necessity. The Board reiterated that reconsideration is only for final orders, and removal is an extraordinary remedy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's order denying environmental testing was an interlocutory procedural order, not a final determination of substantive rights or liabilities. The WCAB also denied the defendant's Petition for Removal, finding no significant prejudice or irreparable harm, and noting the testing request was overbroad and lacked a showing of necessity. The Board reiterated that reconsideration is only for final orders, and removal is an extraordinary remedy.
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