Home/Case Law/WYATT MITCHAM vs. APPSHOSTING, INC., BYUNG SAM YUN, ASHOK BALASUBRAMANIAN, LARRY WENSHAN ZHAO
Regular DecisionRegular Panel Decision

WYATT MITCHAM vs. APPSHOSTING, INC., BYUNG SAM YUN, ASHOK BALASUBRAMANIAN, LARRY WENSHAN ZHAO

Filed: Sep 14, 2022
Anaheim
ADJ7965556; ADJ7965560

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's orders were interlocutory and not final decisions. The WCAB granted the defendant's alternative Petition for Removal, finding that the WCJ's January 19, 2022 orders, which canceled trial and ordered further discovery without an evidentiary record, would cause substantial prejudice. Consequently, the WCAB rescinded the WCJ's January 19, 2022 orders and returned the matter to the WCJ for further proceedings consistent with the decision, emphasizing the applicant's right to due process and a fair hearing.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's orders were interlocutory and not final decisions. The WCAB granted the defendant's alternative Petition for Removal, finding that the WCJ's January 19, 2022 orders, which canceled trial and ordered further discovery without an evidentiary record, would cause substantial prejudice. Consequently, the WCAB rescinded the WCJ's January 19, 2022 orders and returned the matter to the WCJ for further proceedings consistent with the decision, emphasizing the applicant's right to due process and a fair hearing.

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