Valdiviezo, Carlos

Carlos Valdiviezo filed a Petition for Removal challenging a WCJ's decision in a workers' compensation matter against The Olympic Club, insured by North River Insurance Company and adjusted by Crum & Forster. The Appeals Board considered the petition along with the WCJ's report addressing the merits of petitioner's arguments. Noting that a prior panel including Commissioners Sweeney and Lowe had issued a decision but those commissioners no longer served, new panel members were substituted. The Board emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm and that reconsideration would be an inadequate remedy. Finding neither standard met, the Board denied the Petition for Removal.