WCPanelIQ
PanelDismissed

Enriquez, Jose

JOSE ENRIQUEZ, Applicant vs. NIAGARA BOTTLING, LLC; NATIONAL CASUALTY CORPORATION, Defendants

ADJ number
ADJ15916090
Decision date
Aug 25, 2024
District office
Van Nuys
WCJ
—
Claim administrator
National Casualty Corporation
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Jose Enriquez sought reconsideration and removal of a WCJ's June 10, 2024 Findings of Fact and Orders, which found that defendant had authorized and scheduled a functional capacity evaluation (FCE) for June 17, 2024. Applicant contended the FCE was scheduled more than 30 miles from his residence and that he was entitled to an evaluation closer to home. The Board held that the WCJ's finding resolved only an intermediate procedural or evidentiary issue, did not determine any substantive right, liability, or threshold issue, and therefore was not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal, finding no substantial prejudice or irreparable harm. The petition was dismissed and denied.

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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