Home/Case Law/XOCHITL ABARCA vs. STATE OF CALIFORNIA - DEPARTMENT OF SOCIAL SERVICES/IHSS, YORK RISK SERVICES GROUP, INC.
Regular DecisionReconsideration/Removal

XOCHITL ABARCA vs. STATE OF CALIFORNIA - DEPARTMENT OF SOCIAL SERVICES/IHSS, YORK RISK SERVICES GROUP, INC.

Filed: Feb 19, 2015
San Francisco
ADJ3616179 (SFO 0504239) ADJ1586718 (SFO 0504240)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal. The Board found the underlying decision was an interlocutory procedural order and therefore not a final decision eligible for reconsideration. Furthermore, the Board found no substantial prejudice or irreparable harm to warrant the extraordinary remedy of removal. The Board adopted the WCJ's reasoning that good cause existed for the Agreed Medical Evaluator's delay in submitting a supplemental report due to personal health issues and a family emergency.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal. The Board found the underlying decision was an interlocutory procedural order and therefore not a final decision eligible for reconsideration. Furthermore, the Board found no substantial prejudice or irreparable harm to warrant the extraordinary remedy of removal. The Board adopted the WCJ's reasoning that good cause existed for the Agreed Medical Evaluator's delay in submitting a supplemental report due to personal health issues and a family emergency.

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