WCPanelIQ
SignificantDismissed

Reed, Latrice

LATRICE REED, Applicant vs. COUNTY OF SAN BERNARDINO, permissibly self-insured, self-administered, Defendant

ADJ number
ADJ18725678
Decision date
Nov 4, 2024
District office
Riverside
WCJ
—
Claim administrator
County of San Bernardino (permissibly self-insured, self-administered)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER
LC §3LC §5300LC §5301LC §5302LC §5710LC §5813LC §5900LC §5902LC §5903LC §5909CCR §10325CCR §10421CCR §10515CCR §10628CCR §10629CCR §10787CCR §10832CCR §10841CCR §10843CCR §10955

Summary

Applicant's attorney John R. Ramirez filed a Petition for Reconsideration challenging a WCJ's Order taking the matter off calendar, after Ramirez sought a trial over a $52.50 dispute in Labor Code section 5710 deposition attorney's fees. Defendant had paid fees at $400/hour ($840.00) rather than the $425/hour ($892.50) requested. The Appeals Board, designating this a Significant Panel Decision, held that an order taking a matter off calendar is a non-final, interlocutory order from which reconsideration does not lie, and dismissed the Petition for Reconsideration. Treating the petition as one for removal, the Board denied removal because Ramirez failed to show irreparable harm, significant prejudice, or that reconsideration would not be an adequate remedy. The Board admonished Ramirez—who had filed similar petitions in at least six other cases—that future petitions from non-final orders must be filed as petitions for removal and may be subject to sanctions.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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