WCPanelIQ
PanelDismissed

Marjorie Burchfield — ADJ10988059

MARJORIE BURCHFIELD, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ10988059
Decision date
May 27, 2021
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund (for legally uninsured California Department of Corrections and Rehabilitation)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Marjorie Burchfield, an employee of the California Department of Corrections and Rehabilitation (legally uninsured, adjusted by State Compensation Insurance Fund), filed a Petition for Reconsideration challenging the WCJ's March 22, 2021 Findings and Order. The Appeals Board determined that the challenged order was an intermediate procedural order that did not determine any substantive right, liability, or threshold issue, and was therefore not a 'final' decision subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and instead treated it as a petition for removal. Applying the standard for removal, the Board found that petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board 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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