Home/Case Law/MARIA CORTEZ vs. EL TACO DE MEXICO, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration/Removal

MARIA CORTEZ vs. EL TACO DE MEXICO, STATE COMPENSATION INSURANCE FUND

Filed: Feb 08, 2010
San Francisco
ADJ1729960 (OXN 0133245) ADJ4549941 (OXN 0133248)

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The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order vacating a prior award was not a final order under Labor Code section 5900. The WCAB also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable injury justifying removal. The WCAB noted that a lien trial was already scheduled, providing a timely path to resolution. Therefore, the defendant's request to overturn the rescinding order was rejected.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer:

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order vacating a prior award was not a final order under Labor Code section 5900. The WCAB also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable injury justifying removal. The WCAB noted that a lien trial was already scheduled, providing a timely path to resolution. Therefore, the defendant's request to overturn the rescinding order was rejected.

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MARIA CORTEZ vs. EL TACO DE MEXICO, STATE COMPENSATION INSURANCE FUND (2010) – San Francisco | CompFox