Home/Case Law/RACHEL KURTZ RIVERA vs. JO-ANN STORES, INC., ARCH INSURANCE
Regular Decision

RACHEL KURTZ RIVERA vs. JO-ANN STORES, INC., ARCH INSURANCE

Filed: May 29, 2014
Van Nuys
ADJ8654085

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Rachel Kurtz Rivera's Petition for Reconsideration because it was not taken from a final order, but rather an interlocutory procedural decision. The Board also denied her Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The WCJ did not order suspension of benefits, only proceedings, and the matter of missed AME exam costs will be addressed by the WCJ after discovery is completed. The Board noted potential issues regarding applicant's attorney's representations about the missed exam and their potential for misleading statements or sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Rachel Kurtz Rivera's Petition for Reconsideration because it was not taken from a final order, but rather an interlocutory procedural decision. The Board also denied her Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The WCJ did not order suspension of benefits, only proceedings, and the matter of missed AME exam costs will be addressed by the WCJ after discovery is completed. The Board noted potential issues regarding applicant's attorney's representations about the missed exam and their potential for misleading statements or sanctions.

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