WCPanelIQ
PanelDenied

Lopez Hernandez, Eleazar

ELEAZAR LOPEZ HERNANDEZ, Applicant vs. AMOROSO LIMITED PARTNERSHIP; BERKSHIRE HATHAWAY HOMESTATE COMPANIES; PACIFIC COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ20340059
Decision date
Mar 25, 2026
District office
Marina Del Rey
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies; Pacific Compensation Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Eleazar Lopez Hernandez filed a petition for removal from a January 2, 2026 order taking the matter off calendar, arguing the case was ready for trial. The primary underlying dispute concerned whether to compel a second deposition of applicant before trial; the WCJ initially ordered the deposition but rescinded that order after applicant sought reconsideration and noticed intent to set the issue for hearing. The Appeals Board, noting removal is an extraordinary remedy, found applicant failed to show substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy. The Board emphasized that the parties would have the opportunity at a subsequent hearing to create a record, raise issues, and submit evidence on whether further deposition was warranted. The petition for removal was denied.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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