Lab. Code, §§ 5900(a), 5902, 5903; Maranian v. WCAB (2000) 81 Cal.App.4th 1068; 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
A petition for reconsideration may only be taken from a final order, decision, or award; interlocutory procedural or evidentiary decisions are not final orders.
The WCJ's order denying defendant's objection to venue was not a final order, so reconsideration was improper.
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,
Labor Code section 5501.5(a), (c); WCAB Rule 10488
A timely objection to venue under section 5501.5(c) must be filed within 30 days of receipt of the notice of adjudication number; a timely objection results in venue being assigned in accordance with section 5501.5(a)(1) or (a)(2).
Defendant timely objected to venue, so venue must be transferred to Salinas District Office.
From the decision · page 2Labor Code1 section 5501.5(a) sets forth the locations where an application for
adjudication of claim may be filed: 1) the county where the injured employee or the dependent of
a deceased employee resides, 2) the county where the injury allegedly occurred, and 3) the county
where the employee's attorney maintains his or her principal place of business. (Lab. Code, § 5501.5(a).) Subsection 5501.5(c) provides that, if the employer objects to venue selected on the
basis of the employee's attorney's principal place of business, within 30 days of receipt of the
information request form, then the application shall be filed pursuant to the first two paragraphs
of subdivision (a), i.e., in the county where the employee, or dependent of a deceased employee,
resides or where the injury allegedly occurred. WCAB Rule 10488 provides that, a timely
objection to venue pursuant to section 5501.5(c) must be filed within 30 days of receipt of the
notice of the adjudication number. "A timely objection shall result in venue being assigned in
accordance with Labor Code section 5501.5(a)(1) or (a)(2)." (Cal. Code Regs., tit. § 10488.)