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Case Law Database

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

Case No. ADJ6913723
Regular
Mar 01, 2010

ZACHARY GRAM vs. CITY OF WALNUT CREEK

The Appeals Board dismissed the applicant's Petition for Reconsideration because the order changing venue was an interlocutory procedural order, not a final decision on substantive rights or liabilities. The Board then granted removal on its own motion to clarify the record and resolve conflicting procedural orders regarding the venue change. Specifically, the Board vacated prior orders, including an order granting a venue change and a subsequent order rescinding it. The matter is returned to the trial level for a determination on the defendant's request for a venue change.

Workers' Compensation Appeals BoardRemovalReconsiderationVenueLabor Code Section 5310Interlocutory OrderProcedural OrderSubstantive RightIrreparable HarmRescind
References
7
Case No. SAU10030321
Regular
Oct 08, 2019

BRIAN DUARTE vs. ALL ABOUT PAINT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Brian Duarte's petition for reconsideration because it was not filed from a "final" order, decision, or award. A final order must determine a substantive right or liability, or a fundamental threshold issue, not interlocutory procedural or evidentiary matters. The WCJ's order consolidating cases, designating a master file, staying liens, and noticing a hearing was deemed an interlocutory procedural order and therefore not subject to reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionOrder of ConsolidationDesignation of Master File
References
4
Case No. ADJ7552724, ADJ7584841
Regular
Sep 17, 2013

AGUSTIN NAVARRO vs. ALLIED WASTE OF SACRAMENTO, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a petition for reconsideration of a prior order that itself granted reconsideration. The Workers' Compensation Appeals Board dismissed the petition because reconsideration can only be sought from a final order, decision, or award, not from interlocutory procedural orders. An order granting reconsideration without resolving the underlying issues is not considered final. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.

Petition for ReconsiderationFinal OrderInterlocutory OrderLab. Code§ 5900Granting ReconsiderationDismissalWorkers' Compensation Appeals BoardADJ7552724ADJ7584841
References
0
Case No. ADJ9139200
Regular
Dec 11, 2015

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed Matthew Bakes' petition for reconsideration because it was filed against a non-final order. California law requires petitions for reconsideration to be based on "final" orders that determine substantive rights, liabilities, or threshold issues, not interlocutory procedural or evidentiary decisions. The WCJ's decision at issue here only resolved an intermediate procedural or evidentiary matter. Thus, it was not a final order, and the petition was procedurally improper.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsRemoval
References
5
Case No. ADJ4432553
Regular
May 06, 2014

MARTIN ZAVALA vs. COMPREHENSIVE HEALTHCARE PARTNERS, QBC, DAVID BERNS

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Martin Zavala. The WCAB clarified that reconsideration can only be sought for final orders that determine substantive rights or liabilities. Interlocutory procedural orders, such as those concerning evidence, discovery, or trial settings, are not final orders and therefore not subject to reconsideration. Consequently, Zavala's petition, likely challenging such an interlocutory order, was dismissed.

Petition for ReconsiderationInterlocutory OrdersFinal OrderSubstantive RightLiabilityPre-trial OrdersEvidenceDiscoveryVenueWorkers' Compensation Appeals Board
References
5
Case No. ADJ7111052
Regular
Dec 21, 2012

MARTHA BURTON vs. PARADISE BAKERS & CAFÉ, INC., TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Martha Burton's Petition for Reconsideration. The WCAB determined that reconsideration can only be sought for final orders, not interlocutory procedural orders. Burton challenged a Notice of Intention (NIT) Re: Sanctions, which the WCAB classified as an interlocutory order that does not resolve substantive rights or liabilities. Therefore, the petition was dismissed as it was not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesAdministrative Law JudgePre-trial OrdersNotice of Intention
References
5
Case No. ADJ8081723
Regular
Apr 29, 2014

BEATRIZ DELGADO vs. INDUSPAC CALIFORNIA, INC./WESTERN FOAM PACKING PRODUCTS, PINNACLE

This case involves a Petition for Reconsideration filed by Applicant Beatriz Delgado. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB reasoned that reconsideration can only be sought for final orders that determine substantive rights or liabilities, not for interlocutory procedural orders. Pre-trial orders regarding evidence, discovery, trial setting, or venue are considered interlocutory and therefore not subject to reconsideration.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityPre-trial OrdersEvidenceDiscoverySetting for Trial
References
5
Case No. ADJ10344600
Regular
Aug 02, 2018

LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal. The WCAB found that the applicant's petition for reconsideration of the December 28, 2016 Findings and Orders was procedurally defective as it was unverified and lacked proper proof of service. The Board also determined that the applicant's petition challenging the subsequent Order Taking Off Calendar was an attempt to seek reconsideration of an interlocutory order, which is improper. Furthermore, the WCAB denied the petition for removal, finding no substantial prejudice or irreparable harm would result from the interlocutory order.

AOE/COEPetition for RemovalPetition for ReconsiderationOrder Taking Off CalendarFindings and OrdersSubstantial Medical EvidenceUnverified PetitionProof of ServiceCumulative InjuryDate of Injury
References
0
Case No. ADJ356153 (LAO 0887403)
Regular
May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed defendant ABM Industries' Petition for Reconsideration because the WCJ's order compelling a new QME panel was interlocutory, not a final determination of substantive rights. The WCAB also denied defendant's request for removal, finding no substantial prejudice or irreparable harm to justify the extraordinary remedy. The WCJ's prior order had denied defendant's request to compel a medical evaluation and ordered a new QME panel due to concerns about defendant's advocacy letter to the original QME. The WCAB adopted the WCJ's reasoning, deeming the interlocutory procedural order not subject to reconsideration.

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter
References
7
Case No. ADJ3388432 (LBO 0364594)
Regular
Oct 14, 2013

ANDRES MONTES vs. ORANGE COUNTY NURSERY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board dismissed the Petition for Reconsideration because it was not filed from a final order determining substantive rights or liabilities. However, the Board treated it as a Petition for Removal, granted it, rescinded the July 31, 2013 Order Joining Party Defendant, and returned the matter to the trial level for further proceedings. This action was taken because the order joining CIGA, though potentially correct, was considered an interlocutory procedural decision unsuitable for reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutoryPetition for RemovalGrant RemovalRescind OrderReturn to Trial LevelOrder Joining Party DefendantWCJ Report
References
9
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