Defendant Employers Outsourcing, an uninsured purported PEO, sought reconsideration or removal of an Order Suspending Action on Compromise and Release (April 17, 2024) and a Notice Re: Sanctions and Order to Produce Witnesses (April 18, 2024) issued by WCJ James P. Finete in the Anaheim District Office. The WCJ suspended the $80,000 C&R because the parties failed to submit medical records sufficient to assess adequacy or support a 'Beltran' finding, and the April NIT set sanctions and document-production/witness issues for hearing following defendant's repeated failures to disclose its insurance status and comply with discovery orders. The Appeals Board dismissed the Petition for Reconsideration, finding both orders were plainly interim (non-final) orders not subject to reconsideration, and denied the Petition for Removal, finding no substantial prejudice or irreparable harm. The Board adopted and incorporated the WCJ's Report (except the timeliness section), confirmed the WCAB lacks jurisdiction to assess penalties under Labor Code section 3722, and admonished defense counsel for improperly filing an alternative petition for reconsideration of clearly interlocutory orders.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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