Case Law Database

LINDA YBARRA vs. COAST COMMERCIAL BANK/TIG INSURANCE, HERITAGE BANK/STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed SCIF's Petition for Reconsideration because the underlying order denying SCIF's dismissal was procedural, not a final decision on substantive rights. Treating the petition as a request for removal, the Board denied it, finding SCIF failed to demonstrate significant prejudice or irreparable harm justifying such an extraordinary remedy. The Board agreed with the WCJ that SCIF was properly joined as a party defendant consistent with regulations. Therefore, SCIF's attempts to have itself dismissed were unsuccessful.