Petition for Reconsideration Dismissed as No Final Order Existed

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA ALFONSO CAMPOS, Applicant vs. LA BREA REHABILITATION CENTER; COMPWEST INSURANCE COMPANY, Defendan ts Adjudication Number: ADJ14092812 Marina Del Rey District Office OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION

On February 4, 2026, applicant, without his attorney's assistance, filed a Petition for Reconsideration (Petition). On March 9, 2026, applicant filed a Notice of Dismissal of Attorney and is now in pro per. Applicant, in essence, contends his now, former attorney, failed to properly represent him. We have not received an Answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be dismissed or denied. We have considered the allegations of applicant's Petition and the contents of the Report. Based on our review of the record, and for the reasons stated below, we will dismiss the Petition for Reconsideration. DISCUSSION

Former Labor Code section 5909 provided that a petition for reconsideration was deemed 1 denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that:

All section references are to the Labor Code, unless otherwise indicated. 1

(a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board. (b) (1) When a trial judge transmits a case to the appeals board, the trial judge shall provide notice to the parties of the case and the appeals board. (2) For purposes of paragraph (1), service of the accompanying report, pursuant to subdivision (b) of Section 5900, shall constitute providing notice. Under section 5909(a), the Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase "The case is sent to the Recon board." Here, according to Events, the case was transmitted to the Appeals Board on February 20, 2026, and 60 days from the date of transmission is Tuesday, April 21, 2026. This decision is issued by or on Tuesday, April 21, 2026, so that we have timely acted on the petition as required by section 5909(a). Section 5909(b)(1) requires that the parties and the Appeals Board be provided with notice of transmission of the case. Transmission of the case to the Appeals Board in EAMS provides notice to the Appeals Board. Thus, the requirement in subdivision (1) ensures that the parties are notified of the accurate date for the commencement of the 60-day period for the Appeals Board to act on a petition. Section 5909(b)(2) provides that service of the Report and Recommendation shall be notice of transmission. Here, according to the proof of service for the Report and Recommendation by the workers' compensation administrative law judge, the Report was served on February 20, 2026, and the case was transmitted to the Appeals Board on February 20, 2026. Service of the Report and transmission of the case to the Appeals Board occurred on the same day. Thus, we conclude that the parties were provided with the notice of transmission required by section 5909(b)(1) because service of the Report in compliance with section 5909(b)(2) provided them with actual notice as to the commencement of the 60-day period on February 20, 2026. 2

A 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' compensation proceedings, are not considered "final" orders. (Id. at p. 1075 ["interim orders, which do not decide a threshold issue, such as intermediate procedural or evidentiary decisions, are not 'final' "]; Rymer, supra, at p. 1180 ["[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.

For the foregoing reasons, IT IS ORDERED that applicant's Petition for Reconsideration is DISMISSED. WORKERS' COMPENSATION APPEALS BOARD

/s/ KATHERINE A. ZALEWSKI, CHAIR

I CONCUR,

/s/ JOSEPH V. CAPURRO, COMMISSIONER

/s/ PAUL F. KELLY, COMMISSIONER

DATED AND FILED AT SAN FRANCISCO, CALIFORNIA April 21, 2026 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD. ALFONSO CAMPOS BARSOUM LAW SCHLOSSBERG & UMHOLTZ JL/abs

I certify that I affixed the official seal of the Workers' Compensation Appeals Board to this original decision on this date. abs