Home/Case Law/ROGER NOH vs. BURGER KING, GAB ROBINS BURBANK
Regular DecisionReconsideration/Removal

ROGER NOH vs. BURGER KING, GAB ROBINS BURBANK

Filed: Aug 23, 2010
San Francisco
ADJ3825592

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a prior dismissal is not a final order. The Board also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The Board noted that a technical issue with the EAMS system may have prevented the WCJ from seeing the applicant's objection to dismissal. Therefore, the matter was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a prior dismissal is not a final order. The Board also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The Board noted that a technical issue with the EAMS system may have prevented the WCJ from seeing the applicant's objection to dismissal. Therefore, the matter was returned to the trial level for further proceedings.

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