What the panel ordered
Petition for reconsideration dismissed as not taken from a final order.
Defendant petitioned for reconsideration of the WCAB's prior decision rescinding the WCJ's January 12, 2021 Findings of Fact and Orders and remanding for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold April 5, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The prior WCAB decision remanding for further proceedings did not determine substantive rights or liabilities and was not a final order; thus, reconsideration does not lie.
From the decision · page 2In our prior Decision we explained that the reports from the reporting physicians do not constitute substantial evidence and it is necessary that the record be further developed to clarify the issue of injury arising out of and occurring in the course of employment (AOE/COE). We again note that the trial record did not contain substantial evidence regarding the issue of whether applicant sustained a cumulative injury AOE/COE. Our prior Decision does not determine the substantive rights or liabilities of either party and as such it is not a final order. Thus, the Petition is dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The prior WCAB decision did not determine the substantive rights or liabilities of either party.
Favours neutral
Only final orders are subject to reconsideration; since the prior decision was not final, the petition must be dismissed.
From the decision · page 2In our prior Decision we explained that the reports from the reporting physicians do not constitute substantial evidence and it is necessary that the record be further developed to clarify the issue of injury arising out of and occurring in the course of employment (AOE/COE). We again note that the trial record did not contain substantial evidence regarding the issue of whether applicant sustained a cumulative injury AOE/COE. Our prior Decision does not determine the substantive rights or liabilities of either party and as such it is not a final order. Thus, the Petition is dismissed.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code §§ 5900(a), 5902, 5903; Maranian v. WCAB (2000) 81 Cal.App.4th 1068
A petition for reconsideration may only be filed against a 'final' order, decision, or award. A 'final' order determines substantive rights or liabilities or a threshold issue fundamental to the claim for benefits. Interlocutory procedural or evidentiary decisions are not 'final' orders.
The prior WCAB decision remanding for further proceedings was not a final order because it did not determine substantive rights or liabilities.
From the decision · page 1A petition for reconsideration may only be filed against a "final" order, decision, or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either "determines any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410, 413]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661, 665]) or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
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