What the panel ordered
The WCAB panel dismissed the petition for reconsideration and denied the petition for removal filed by lien claimant David Silver, M.D.
Lien claimant David Silver, M.D. filed a petition for reconsideration or removal of the Findings of Fact and Order issued by the WCJ on October 9, 2024, which was denied by the WCAB panel decision dated January 6, 2025.
This docket was decided more than once. Shown here is the latest released decision; we also hold July 26, 2023, February 13, 2023.
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 for reconsideration was dismissed because the Findings of Fact and Order was an interlocutory order that did not finally determine any substantive right or liability, and thus was not subject to reconsideration.
From the decision · page 4Here, the F&O is an interim procedural order denying the lien party's attempt to interfere in the choice of representation of another party's chosen and authorized agent (i.e., Sedgwick) for the administration of this claim. The F&O contains no finding of fact or order finally determining any substantive right or liability of any party, nor finally determining any threshold issue basic to any party's right to benefit. In fact, the F&O does not relate in any way to the substantive rights or liabilities between lien claimant and defendant in these lien proceedings.