Habekost, Marti

Applicant Marti Habekost and defendant Automobile Club of Southern California (insured by Liberty Mutual) both filed petitions seeking review of a Joint Findings and Order issued October 21, 2025, which addressed the interlocutory issue of development of the record. The Appeals Board first confirmed it timely acted under amended Labor Code section 5909, finding the cases were transmitted on November 18, 2025 and the decision issued by the extended deadline of January 19, 2026. Because the F&O resolved only an interlocutory issue and not a threshold issue, the Board treated the petitions for reconsideration as improper and dismissed them, evaluating the matter under the removal standard instead. The Board found neither party demonstrated substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision later issues. Accordingly, both petitions for reconsideration were dismissed and both petitions for removal were denied.