Tyson, Castashau

Applicant Castashau Tyson filed a Petition for Removal/Reconsideration challenging a WCJ decision in a claim against Kaiser Foundation Health Plan, administered by Sedgwick. The WCJ's decision included threshold findings regarding employment and that the alleged injury was an actual event of employment under Labor Code section 3208.3(b)(1), but the petitioner only challenged an interlocutory order vacating submission and ordering development of the record. The Appeals Board treated the petition as one for reconsideration because the decision resolved threshold issues, but applied the removal standard since the petitioner only disputed the interlocutory finding. The Board found that the petitioner failed to show significant prejudice or irreparable harm and that reconsideration would be an adequate remedy if an adverse final decision later issued. The Board denied the Petition.