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PanelGranted

Guirguis, Ehab

EHAB GUIRGUIS, Applicant vs. CIRCLE K/76 GAS STATION; SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ14242832
Decision date: Mar 6, 2025
District office: Marina Del Rey
WCJ: —
Claim administrator: AmTrust North America (Security National Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: multiple injuries (unspecified)

LC §5313CCR §10742

Summary

Applicant Ehab Guirguis, injured on January 3, 2021 while employed by Circle K/76 Gas Station, filed a Declaration of Readiness to Proceed (DOR) requesting an MSC. Defendant objected, arguing the DOR was defective because it failed to state with specificity any good faith efforts to resolve the dispute as required by WCAB Rule 10742(c), and that the DOR's discovery-completion declaration was left blank. On October 15, 2024, the WCJ set the matter for trial over defendant's objection without reviewing the DOR or objection. The WCJ's own Report acknowledged the failure to review the DOR and recommended the Board grant removal. The Board granted the Petition for Removal, rescinded the trial-setting order, and returned the matter to the trial level so a proper record could be made addressing the DOR objections and unresolved discovery issues.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.