Home/Case Law/MARK EBERWEIN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

MARK EBERWEIN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Filed: Jun 08, 2017
Eureka
ADJ8620013, ADJ10761228

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order. The WCAB further denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm from denial. The WCJ's decision addressed an intermediate procedural or evidentiary issue, not a substantive right or threshold issue. Therefore, neither reconsideration nor removal was deemed appropriate at this stage.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order. The WCAB further denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm from denial. The WCJ's decision addressed an intermediate procedural or evidentiary issue, not a substantive right or threshold issue. Therefore, neither reconsideration nor removal was deemed appropriate at this stage.

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