No Interlocutory Appeals from WC ALJ Orders

Capital Builders Hardware, Inc. v. Workers' Compensation Appeal Bd., No. B271987 (D2d2 Nov. 16, 2016)

The court here holds that interlocutory orders of Worker’s Compensation ALJs aren’t appealable. They are not appealable to the Worker’s Comp. Appeal Board. And they are not appealable from there to the Court of Appeal. So the writ of review is vacated. In reaching this result, the court parts ways with Alvarez v. Workers’ Comp. Appeals Bd., 187, Cal. App. 4th 575 (2010), which suggests that at least some kinds of orders might be subject to interlocutory review.

Vacated.

Workers' Comp. Court Can't Peek for Privilege

Regents of the Univ. of Cal. v. Workers’ Compensation Appeals Bd., No. G048217 (D3 June 17, 2014)

The court here holds that the provisions of the Evidence Code dealing with privilege apply in workers’ comp. appeals. Since § 915 prohibits a presiding officer from ordering the in camera production of materials to see if they are privileged, the WCAB erred in so ordering in this case.

Reversed.