CompFox AI Summary
This Workers' Compensation Appeals Board case involved a petition for reconsideration and removal that was dismissed and denied respectively. The Board found that the WCJ's decision was not a "final" order, as it only resolved an intermediate procedural issue and did not determine substantive rights or liabilities. Furthermore, the applicant failed to demonstrate substantial prejudice or irreparable harm necessary for the extraordinary remedy of removal. The Board also noted that the date of injury for the cumulative injury claim under Labor Code § 5412 has not yet been determined.
Full Decision Text1 Pages
This Workers' Compensation Appeals Board case involved a petition for reconsideration and removal that was dismissed and denied respectively. The Board found that the WCJ's decision was not a "final" order, as it only resolved an intermediate procedural issue and did not determine substantive rights or liabilities. Furthermore, the applicant failed to demonstrate substantial prejudice or irreparable harm necessary for the extraordinary remedy of removal. The Board also noted that the date of injury for the cumulative injury claim under Labor Code § 5412 has not yet been determined.
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