What the panel ordered
Petition for Reconsideration dismissed for failure to file from a final order or decision as required by Labor Code sections 5900(a), 5902, and 5903.
Applicant filed a Petition for Reconsideration without attorney assistance, which was recommended for dismissal by the WCJ.
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 petition was dismissed because it was not filed from a final order or decision as required by law, and the Appeals Board timely acted on the petition within 60 days of transmission.
From the decision · page 31180 ["[t]he term [`final'] does not include intermediate procedural orders or discovery orders"]; Kramer, supra, at p. 45 ["[t]he term [`final'] does not include intermediate procedural orders"].) Such interlocutory decisions include, but are not limited to, pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues. In this matter, no order has issued, whether final or interlocutory. Applicant has not filed a Petition from a "final" order, decision, or award to reconsider as required by sections 5900(a), 5902 and 5903. Instead, applicant has made allegations regarding how his now, former attorney, failed to represent him in the case, which is not appropriate when seeking reconsideration. Accordingly, we dismiss applicant's Petition for Reconsideration.