Home/Case Law/MARIANO AMBOY vs. O'REILLY AUTO PARTS, SAFETY NATIONAL CASUALTY COMPANY
Regular DecisionRegular Panel Decision

MARIANO AMBOY vs. O'REILLY AUTO PARTS, SAFETY NATIONAL CASUALTY COMPANY

Stockton
ADJ9045790

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Mariano Amboy's petition for reconsideration. The petition sought reconsideration of the Administrative Law Judge's (ALJ) denial of Amboy's request to strike a qualified medical examiner's report. The WCAB found that this denial was not a "final" order as defined by law, which requires a determination of substantive rights or threshold issues. Therefore, a petition for reconsideration was procedurally improper, leading to its dismissal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Mariano Amboy's petition for reconsideration. The petition sought reconsideration of the Administrative Law Judge's (ALJ) denial of Amboy's request to strike a qualified medical examiner's report. The WCAB found that this denial was not a "final" order as defined by law, which requires a determination of substantive rights or threshold issues. Therefore, a petition for reconsideration was procedurally improper, leading to its dismissal.

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