Home/Case Law/PETE OLAGUE vs. COLTON JOINT UNIFIED SCHOOL DISTRICT; KEENAN & ASSOCIATES
Regular DecisionReconsideration

PETE OLAGUE vs. COLTON JOINT UNIFIED SCHOOL DISTRICT; KEENAN & ASSOCIATES

Filed: Nov 24, 2015
San Francisco
ADJ1312523 (SBR 0111632)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was taken from a non-final order. The WCJ's order taking the trial off calendar due to no pending issues was interlocutory and did not substantively affect the parties' rights or liabilities. Furthermore, the applicant's attempt to challenge a Compromise and Release approved in 1985 was untimely, as the WCAB lacks jurisdiction to reopen cases beyond the statutory five-year limit. Therefore, the petition was dismissed as procedurally improper and meritless.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was taken from a non-final order. The WCJ's order taking the trial off calendar due to no pending issues was interlocutory and did not substantively affect the parties' rights or liabilities. Furthermore, the applicant's attempt to challenge a Compromise and Release approved in 1985 was untimely, as the WCAB lacks jurisdiction to reopen cases beyond the statutory five-year limit. Therefore, the petition was dismissed as procedurally improper and meritless.

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PETE OLAGUE vs. COLTON JOINT UNIFIED SCHOOL DISTRICT; KEENAN & ASSOCIATES (2015) – San Francisco | CompFox