Home/Case Law/SERGIO GONZALES vs. POWER SCAFFOLD SERVICE, STARSTONE NATIONAL INSURANCE COMPANY, ENSTAR
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SERGIO GONZALES vs. POWER SCAFFOLD SERVICE, STARSTONE NATIONAL INSURANCE COMPANY, ENSTAR

Filed: Jun 25, 2019
Van Nuys
ADJ10964379

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by the applicant. This was because a petition for reconsideration can only be taken from a "final" order that determines substantive rights or liabilities, or a fundamental threshold issue. The WCJ's April 8, 2019 Findings of Fact regarding the defendant's ability to return the applicant to its MPN was determined to be an interlocutory procedural decision, not a final order. Therefore, the petition was dismissed as not being properly before the Board.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by the applicant. This was because a petition for reconsideration can only be taken from a "final" order that determines substantive rights or liabilities, or a fundamental threshold issue. The WCJ's April 8, 2019 Findings of Fact regarding the defendant's ability to return the applicant to its MPN was determined to be an interlocutory procedural decision, not a final order. Therefore, the petition was dismissed as not being properly before the Board.

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