WCPanelIQ
PanelDismissed

Fred Gold — ADJ2633400

FRED GOLD, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number
ADJ2633400
Decision date
Jan 27, 2022
District office
Oakland
WCJ
—
Claim administrator
Subsequent Injuries Benefits Trust Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Fred Gold filed a Petition for Reconsideration challenging the WCJ's November 3, 2021 Findings in a Subsequent Injuries Benefits Trust Fund matter. The Appeals Board determined that the November 3, 2021 Findings did not determine any substantive right or liability and did not decide a threshold issue, and therefore were not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and treated it instead as a petition for removal. Applying the removal standard, the Board found the petitioner failed to demonstrate substantial prejudice or irreparable harm and failed to show reconsideration would be an inadequate remedy. The Board accordingly dismissed the Petition for Reconsideration and denied the Petition for Removal.

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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