Home/Case Law/RAMON MENDOZA vs. J. BUCKBINDER INDUSTRY, INC., INSURANCE COMPANY OF THE WEST
Regular DecisionReconsideration

RAMON MENDOZA vs. J. BUCKBINDER INDUSTRY, INC., INSURANCE COMPANY OF THE WEST

Filed: Jul 08, 2010
San Francisco
ADJ3069602

CompFox AI Summary

The Appeals Board dismissed a lien claimant's petition for reconsideration because the prior Board decision was not a final order, as it merely returned the case to the trial level for further proceedings. California Pharmacy Management sought reconsideration, arguing the Board failed to define key terms in its prior decision. However, reconsideration is only permissible for final orders that definitively resolve substantive rights and liabilities. The current order, by sending the matter back for further proceedings, does not meet this criteria, thus the petition was dismissed.

Full Decision Text1 Pages

The Appeals Board dismissed a lien claimant's petition for reconsideration because the prior Board decision was not a final order, as it merely returned the case to the trial level for further proceedings. California Pharmacy Management sought reconsideration, arguing the Board failed to define key terms in its prior decision. However, reconsideration is only permissible for final orders that definitively resolve substantive rights and liabilities. The current order, by sending the matter back for further proceedings, does not meet this criteria, thus the petition was dismissed.

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