WCPanelIQ
PanelDismissed

Michael Flintroy — ADJ8499566

MICHAEL FLINTROY, Applicant vs. PACIFIC BELL TELEPHONE CO.; OLD REPUBLIC INSURANCE COMPANY, Defendants

ADJ number
ADJ8499566
Decision date
Aug 1, 2021
District office
Oakland
WCJ
—
Claim administrator
Old Republic Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10964CCR §10848CCR §10955CCR §10843CCR §10961CCR §10859

Summary

Applicant Michael Flintroy filed a Petition for Reconsideration and/or Removal challenging the WCJ's May 21, 2021 Order Rescinding Findings and Award and Setting Case for Further Proceedings. The WCJ had rescinded an earlier April 23, 2021 F&A in response to defendant's prior Petition for Reconsideration, pursuant to the WCJ's 15-day authority under Rule 10961. The Appeals Board found the May 21, 2021 Order resolved only an intermediate procedural issue and was not a 'final' order subject to reconsideration. The Board dismissed the petition as to reconsideration and denied it as to removal, finding no substantial prejudice or irreparable harm. The Board also noted defendant's prior petition and supplemental filings regarding the rescinded F&A were no longer pending, and further proceedings could continue at the district office.

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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