DONALD W. GUBBINS, Applicant,
v.
METROPOLITAN INSURANCE COMPANIES; TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Defendant(s).
No. SAC 227062
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State Of California
July 17, 1997
ORDER
VACATING ORDER GRANTING RECONSIDERATION, ORDER DISMISSING
PETITION FOR RECONSIDERATION, ORDER GRANTING REMOVAL, AND
DECISION AFTER REMOVAL
COLLEEN S. CASEY
On
December 2, 1996, applicant sought reconsideration of an
Order Denying Petition for allowance of multiple
medical-legal examinations (Order) issued November 13,1996,
in which a workers' compensation referee (WCR) denied
applicant's request for an order allowing multiple
medical-legal examinations at defendant's expense.
Applicant contended that the WCR erred in denying his request
for multiple medical-legal examinations at defendant's
expense, asserting that Labor Code section 4060 violates
article XIV, section 4 of the California Constitution.
On
March 14, 1997, pursuant to Shipley v.
Workers' Comp. Appeals Bd. (1992) 7
Cal.App.4th 1104 [57 Cal.Comp.Cases 493], the
Workers' Compensation Appeals Board (Board) granted
applicant's Petition for Reconsideration. Reconsideration
was granted for further study of the facts and the applicable
law in order to give the Board a complete understanding of
the record and to enable it to make a just and reasoned
decision. The Board has now completed its review of the
record.
Pursuant
to Labor Code section 5900, a petition for reconsideration
may be properly made only from a final order, decision, or
award. (Lab. Code, § 5900.) The November 13, 1996 Order
is not a final order but a procedural order which does not
determine the substantive rights of the parties. (Kaiser
Foundation Hospitals v. Workers' Comp. Appeals
Bd. (1978) 82 Cal.App.3d 39 [43 Cal.Comp.Cases 661];
Beck v. Workers' Comp. Appeals Bd.
(1979) 44 Cal.Comp.Cases 190 (writ denied).) Therefore, the
Board will vacate its Order Granting Reconsideration and
dismiss the Petition for Reconsideration. However, for the
reasons set forth below, the Board will grant removal,
rescind the November 13,1996 Order, and return this matter to
the WCR for further proceedings and decision.
A...
