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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1315500 (LAO 0729419) ADJ3939236 (LAO 0729420) ADJ3555051 (LAO 0729421) ADJ1059708 (LAO 0761007)

Regular

Mar 07, 2013

EDUARDO CASTRO vs. AMERICAN CHEM TECH, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Applicant's Petition for Reconsideration because the Decision After Removal dated December 11, 2012, was not a final order. This prior decision merely returned the case to the trial level for further proceedings, not a final determination of rights or liabilities. Therefore, it was not an appealable final order under Labor Code section 5900(a). The Board noted that even if they had reached the merits, the petition would have been denied.

Petition for ReconsiderationDecision After RemovalMandatory Settlement Conferencediscovery closedattorney documentscondition deterioratedLabor Code section 5900(a)final orderdismissalOpinion and Order Granting Petition for Removal

References

Case No. ADJ1315500 (LAO 0729419) ADJ3939236 (LAO 0729420) ADJ3555051 (LAO 0729421) ADJ1059708 (LAO 0761007)

Regular

Dec 11, 2012

EDUARDO CASTRO vs. AMERICAN CHEM TECH, LIBERTY MUTUAL INSURANCE COMPANY

In *Castro v. American Chem Tech*, the Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding an order that removed the case from the calendar. The Board allowed applicant's deposition of Dr. O'Neill to proceed, despite discovery being closed, due to applicant's counsel recently receiving files. Discovery closure was affirmed for all other matters, and the cases were returned to the trial level for a mandatory settlement conference. These consolidated matters have been pending for over sixteen years.

Petition for RemovalDecision After RemovalOff CalendarDiscovery ClosedDepositionAgreed Medical Evaluator (AME)Venue ChangeMandatory Settlement Conference (MSC)Rescinded OrderTrial Level

References

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EDUARDO CASTRO vs. AMERICAN CHEM TECH, LIBERTY MUTUAL INSURANCE COMPANY

Petition for RemovalDecision After RemovalOff CalendarDiscovery ClosedDepositionAgreed Medical Evaluator (AME)Venue ChangeMandatory Settlement Conference (MSC)Rescinded OrderTrial Level