Home/Case Law/LOUIE M. GONZALES vs. MOBILE MINI, LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration and Removal

LOUIE M. GONZALES vs. MOBILE MINI, LIBERTY MUTUAL INSURANCE COMPANY

Filed: Nov 23, 2011
San Francisco
ADJ3992440 (SBR 0339508)

CompFox AI Summary

The Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's Minute Order was not a final order, as it did not dispose of substantive rights. Additionally, the Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm as required for such an extraordinary remedy. The WCJ had previously denied the defendant's petition to dismiss for lack of prosecution without prejudice, allowing it to be resubmitted in one year. The defendant sought reconsideration based on alleged new circumstances regarding the applicant's parole violation.

Full Decision Text1 Pages

The Appeals Board dismissed the defendant's petition for reconsideration because the WCJ's Minute Order was not a final order, as it did not dispose of substantive rights. Additionally, the Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm as required for such an extraordinary remedy. The WCJ had previously denied the defendant's petition to dismiss for lack of prosecution without prejudice, allowing it to be resubmitted in one year. The defendant sought reconsideration based on alleged new circumstances regarding the applicant's parole violation.

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