Lab. Code §§ 5900(a), 5902, 5903; Maranian v. WCAB; Rymer v. Hagler; Safeway Stores v. WCAB; Kaiser Foundation Hospitals v. WCAB
A petition for reconsideration may only be taken from a final order, decision, or award, which determines a substantive right or liability or a threshold issue; interlocutory procedural or evidentiary decisions are not final orders.
Applied to dismiss the petition for reconsideration as the WCJ's order was not final.
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,
Cal. Code Regs., tit. 8, § 10955(a); Cortez v. WCAB; Kleemann v. WCAB
Removal is an extraordinary remedy granted only if substantial prejudice or irreparable harm will result and reconsideration is not an adequate remedy.
Applied to deny removal as petitioner did not show substantial prejudice or irreparable harm, nor that reconsideration would be inadequate.
From the decision · page 2We will also deny the petition to the extent it seeks removal. Removal is an extraordinary
remedy rarely exercised by the Appeals Board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136
Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd.
(2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant
removal only if the petitioner shows that substantial prejudice or irreparable harm will result if
removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); see also Cortez, supra; Kleemann,
supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy
if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
We are not persuaded that substantial prejudice or irreparable harm will result if removal is denied
and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a
final decision adverse to petitioner.