Home/Case Law/MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD
Regular DecisionRegular Panel Decision

MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD

Filed: Jan 17, 2017
Santa Ana
ADJ9785760

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

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