Home/Case Law/Nelson Amaya vs. Barrett Business Services
Regular DecisionReconsideration/Removal

Nelson Amaya vs. Barrett Business Services

Filed: Apr 08, 2009
San Francisco
ADJ6504311

CompFox AI Summary

This case involves a defendant seeking reconsideration of a WCJ's order that found insufficient evidence for an injury determination and ordered further record development. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was not a final determination of substantive rights. Treating the petition as a Petition for Removal, the Board denied it, finding no significant prejudice or irreparable harm to justify this extraordinary remedy. The defendant's arguments regarding QME relevance and applicant's burden of proof were not addressed as the petition was procedurally dismissed.

Full Decision Text1 Pages

This case involves a defendant seeking reconsideration of a WCJ's order that found insufficient evidence for an injury determination and ordered further record development. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was not a final determination of substantive rights. Treating the petition as a Petition for Removal, the Board denied it, finding no significant prejudice or irreparable harm to justify this extraordinary remedy. The defendant's arguments regarding QME relevance and applicant's burden of proof were not addressed as the petition was procedurally dismissed.

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Nelson Amaya vs. Barrett Business Services (2009) – San Francisco | CompFox