WCPanelIQ
PanelDismissed

Mario Batuhan — ADJ4049736, ADJ1237476

MARIO BATUHAN, Applicant vs. MCDONNELL DOUGLAS CORP.; FREMONT INDEMNITY CO., Defendants

ADJ number
ADJ4049736, ADJ1237476
Decision date
Oct 28, 2021
District office
Marina del Rey
WCJ
—
Claim administrator
Fremont Indemnity Co.
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Mario Batuhan filed a Petition for Reconsideration, or in the alternative, Petition for Removal, challenging the WCJ's August 6, 2021 Order Denying Petition for Consolidation. The WCAB held that the order denying consolidation is solely an intermediate procedural order that does not determine any substantive right, liability, or threshold issue, and is therefore not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration. To the extent the petition sought removal, the Board denied it, finding no showing of substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if an adverse final decision later issued. The Board noted the petitioner may seek reimbursement in subsequent proceedings.

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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