WCPanelIQ
PanelDismissed

McLemore, Tammy

TAMMY MCLEMORE, Applicant vs. SAN BERNARDINO COUNTY PROBATION; COUNTY OF SAN BERNARDINO, Defendants

ADJ number
ADJ17969942
Decision date
Date unavailable
District office
Riverside
WCJ
—
Claim administrator
County of San Bernardino (self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Tammy McLemore filed a combined Petition for Reconsideration and Removal challenging the WCJ's Order taking the matter off calendar (OTOC) in her claim against San Bernardino County Probation/County of San Bernardino. The Appeals Board found that the OTOC was an intermediate procedural or evidentiary order that did not determine any substantive right or liability and did not resolve a threshold issue, so it was not a 'final' order subject to reconsideration. The Board therefore dismissed the petition to the extent it sought reconsideration. The Board also denied the petition to the extent it sought removal, finding the petitioner failed to show substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy if a later adverse final decision issued.

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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