WCPanelIQ
PanelDismissed

Kuhnhausen, Katia

KATIA KUHNHAUSEN, Applicant vs. CATACHI CO; PROPERTY AND CASUALTY COMPANY OF HARTFORD, Defendants

ADJ number
ADJ13837934
Decision date
Jun 18, 2023
District office
San Francisco
WCJ
—
Claim administrator
Property and Casualty Company of Hartford
Commissioners
JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Katia Kuhnhausen filed a combined Petition for Reconsideration and Removal challenging a WCJ's decision. The Appeals Board determined that the WCJ's decision resolved only an intermediate procedural or evidentiary issue and did not determine any substantive right, liability, or threshold issue, making it a non-final order. Because reconsideration may only be taken from a final order, the Board dismissed the petition to the extent it sought reconsideration. The Board 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. The decision relied on the WCJ's report and established appellate precedent.

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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