Smith, Andrew

Defendant Octapharma Plasma, Inc. and Sentry Casualty Company sought reconsideration of a WCJ's Order Denying Petition for Dismissal issued March 7, 2024, arguing the WCJ should have dismissed applicant Andrew Smith's case. The Appeals Board determined that the Order denying the petition for dismissal was a non-final, interlocutory order that did not determine any substantive right or liability or resolve a threshold issue. Because reconsideration is only available from final orders, the Board dismissed the petition to the extent it sought reconsideration. The Board then treated the petition as a petition for removal and denied it, finding defendant failed to show substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy. The petition was therefore dismissed as to reconsideration and denied as to removal.