Home/Case Law/LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE
Regular DecisionReconsideration

LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE

Filed: Aug 02, 2018
San Jose
ADJ10344600

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal. The WCAB found that the applicant's petition for reconsideration of the December 28, 2016 Findings and Orders was procedurally defective as it was unverified and lacked proper proof of service. The Board also determined that the applicant's petition challenging the subsequent Order Taking Off Calendar was an attempt to seek reconsideration of an interlocutory order, which is improper. Furthermore, the WCAB denied the petition for removal, finding no substantial prejudice or irreparable harm would result from the interlocutory order.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal. The WCAB found that the applicant's petition for reconsideration of the December 28, 2016 Findings and Orders was procedurally defective as it was unverified and lacked proper proof of service. The Board also determined that the applicant's petition challenging the subsequent Order Taking Off Calendar was an attempt to seek reconsideration of an interlocutory order, which is improper. Furthermore, the WCAB denied the petition for removal, finding no substantial prejudice or irreparable harm would result from the interlocutory order.

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LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE (2018) – San Jose | CompFox