WCPanelIQ
PanelGranted in Part

Francisco Benitez — ADJ12249891

FRANCISCO BENITEZ, Applicant vs. WASH & MART; COMPWEST INSURANCE COMPANY, Defendants

ADJ number
ADJ12249891
Decision date
Mar 14, 2021
District office
San Diego
WCJ
—
Claim administrator
CompWest Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5900LC §5902LC §5903LC §5701LC §5906

Summary

Defendant Compwest Insurance Company filed a combined Petition for Reconsideration and Removal challenging a January 4, 2021 Minute Order issued by the WCJ that contained a discovery order. The Board determined that the Minute Order resolved only an intermediate procedural or evidentiary issue and did not determine any substantive right, liability, or threshold issue, so it was not a 'final' order subject to reconsideration. Accordingly, the Board dismissed the petition to the extent it sought reconsideration. However, based on the WCJ's own recommendation and analysis in the Report, the Board granted the petition to the extent it sought removal, rescinding the discovery order on page 3 of the Minute Order and returning the matter to the WCJ for further 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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