WCPanelIQ
PanelDenied

Efrain Dominguez Diaz — ADJ13508412

EFRAlN DOMlNGUEZ DIAZ, Applicant vs. WKS RESTAURANT CORPORATION; SEDGWICK, Defendants

ADJ number
ADJ13508412
Decision date
Dec 28, 2022
District office
Marina Del Rey
WCJ
—
Claim administrator
Sedgwick
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Efrain Dominguez Diaz filed a combined Petition for Reconsideration or Removal on November 23, 2022, challenging the WCJ's November 8, 2022 Order Rescinding Order. The Appeals Board found that the Order Rescinding Order was not a 'final' order subject to reconsideration, applying the established distinction between final orders that determine substantive rights or threshold issues and interlocutory procedural orders. The Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal, finding no showing of substantial prejudice or irreparable harm. The Board also encouraged the parties and WCJ to follow the record-keeping requirements set forth in Hamilton v. Lockheed Corporation before resubmitting the matter.

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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