CompFox AI Summary
Defendant UPS sought reconsideration of a decision deferring the issue of injury to the applicant's right forearm and shoulder. The Board dismissed the petition because reconsideration can only be sought from a "final" order. Deferring an issue, as done in this case, does not determine substantive rights or liabilities, nor does it resolve a threshold issue. Therefore, the order deferring the injury issue was not a final decision, making the petition for reconsideration improper and subject to dismissal.
Full Decision Text1 Pages
Defendant UPS sought reconsideration of a decision deferring the issue of injury to the applicant's right forearm and shoulder. The Board dismissed the petition because reconsideration can only be sought from a "final" order. Deferring an issue, as done in this case, does not determine substantive rights or liabilities, nor does it resolve a threshold issue. Therefore, the order deferring the injury issue was not a final decision, making the petition for reconsideration improper and subject to dismissal.
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