Home/Case Law/STACEE BARBATO vs. FRESNO HEART SURGICAL HOSPITAL, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionRegular Panel Decision

STACEE BARBATO vs. FRESNO HEART SURGICAL HOSPITAL, GALLAGHER BASSETT SERVICES, INC.

Filed: Mar 17, 2017
Fresno
ADJ9724977

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed both Stacee Barbato's petition for reconsideration and petition for removal. The Board found the underlying decision was not "final" as it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. Furthermore, even if treated as a removal petition, it was dismissed as untimely, having been filed after the statutory deadline. The Board adopted the judge's report and would have denied the petition on the merits if it had been timely.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed both Stacee Barbato's petition for reconsideration and petition for removal. The Board found the underlying decision was not "final" as it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. Furthermore, even if treated as a removal petition, it was dismissed as untimely, having been filed after the statutory deadline. The Board adopted the judge's report and would have denied the petition on the merits if it had been timely.

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