ADJ13306324 — California WCAB decision

What the panel ordered

Petition for Reconsideration is dismissed; Petition for Removal is denied.

Defendant petitioned for reconsideration and removal after the WCJ denied its petition to dismiss; the WCAB reviewed the WCJ's report and dismissed the reconsideration petition as not from a final order, and denied removal.

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Reconsideration / removalApplicant prevailed

The WCJ's denial of defendant's Petition to Dismiss was an intermediate procedural order, not a final order, so reconsideration is not available. Removal is denied because no substantial prejudice or irreparable harm was shown, and summary judgment is not permitted in workers' compensation proceedings.

From the decision · page 2Here, the WCJ's December 30, 2020 denial of defendant's Petition to Dismiss is solely an intermediate procedural order. It does not determine any substantive right or liability and does not determine a threshold issue. Therefore, it is not a "final" decision. Accordingly, we will dismiss the petition to the extent that it seeks reconsideration, treat it as a petition requesting removal, and deny removal for the reasons stated below.

The facts that decided it

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Lab. Code, §§ 5900(a), 5902, 5903; Cal. Code Regs., tit. 8, § 10955(a); Cal. Code Regs., tit. 8, § 10515; Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Safeway Stores, Inc. v. WCAB (Pointer) (1980) 104 Cal.App.3d 528; Kaiser Foundation Hospitals v. WCAB (Kramer) (1978) 82 Cal.App.3d 39; Maranian v. WCAB (2000) 81 Cal.App.4th 1068; Cortez v. WCAB (2006) 136 Cal.App.4th 596; Kleemann v. WCAB (2005) 127 Cal.App.4th 274.

A petition for reconsideration may be taken only from a final order, decision, or award; a final order determines a substantive right or threshold issue. Removal is granted only if substantial prejudice or irreparable harm will result and reconsideration is not an adequate remedy. Summary judgment is not permitted in workers' compensation proceedings.

The WCAB found the order was not final and denied reconsideration; removal was denied for lack of substantial prejudice or irreparable harm, and summary judgment is not allowed.

From the decision · page 1A petition for reconsideration may properly be taken only from a "final" order, decision, or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either "determines any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661]) or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].) Interlocutory procedural or evidentiary decisions, entered in the midst of the workers' compensation proceedings, are not considered "final" orders. (Id. at p. 1075 ["interim orders, which do not decide a threshold issue, such as intermediate procedural or evidentiary decisions,

ADJ13306324 · March 5, 2021

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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