Lab. Code, §§ 5900(a), 5902, 5903
A petition for reconsideration may properly be taken only from a "final" order, decision, or award.
The WCJ's decision was not a final order because it resolved only intermediate procedural or evidentiary issues and did not determine any substantive right or liability or a threshold issue.
From the decision · page 1A petition for reconsideration may properly be taken only from 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]; Kaiser Foundation Hospitals v.
Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661])
or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v.
Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].)
Interlocutory procedural or evidentiary decisions, entered in the midst of the workers'
Cal. Code Regs., tit. 8, §§ 10843(a), 10955(a), 10507(a)(1), 10605(a)(1), 10508, 10600, 10845(a), 10940(a), 10392(a), 10615(b)
A petition for removal must be filed within 25 days of service of a non-final decision and must be received by the WCAB within that time; mailing within the period is insufficient.
The petition for removal was filed more than 25 days after service of the WCJ's decision and was not timely received by the WCAB.
From the decision · page 2We will also dismiss the petition as one seeking removal. There are 25 days allowed within
which to file a petition for removal from a "non-final" decision that has been served by mail upon
an address in California. (Cal. Code Regs., tit. 8, former § 10843(a), now § 10955(a); former § 10507(a)(1), now § 10605(a)(1) (eff. Jan. 1, 2020).) This time limit is extended to the next business
day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, former § 10508,
now § 10600 (eff. Jan. 1, 2020).) To be timely, however, a petition for removal must be filed with
(i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted)
within that period is insufficient. (Cal. Code Regs., tit. 8, former § 10845(a), now § 10940(a);
former § 10392(a), now § 10615(b) (eff. Jan. 1, 2020).)