WCPanelIQ
PanelLienDenied

Barrera Flores, Alfredo

ALFREDO BARRERA FLORES, Applicant vs. BV & CO.; EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number
ADJ13241358
Decision date
Mar 11, 2025
District office
Van Nuys
WCJ
Jamie Spitzer
Claim administrator
Employers Preferred Insurance Company
Commissioners
—

Injury / body parts: right shoulder, hand, shoulder, neck, back

CCR §10396CCR §10625CCR §10955

Summary

Applicant Alfredo Barrera Flores sustained industrial injuries while making jewelry and settled his cases by compromise and release approved July 23, 2021. Defendant filed a joint petition to consolidate multiple cases involving liens from Joyce Altman Interpreters (JAI), but only served JAI and certain parties rather than all parties in each case listed in Exhibit A. The WCJ denied consolidation without prejudice for failure to comply with Title 8 CCR section 10396(b)(3) and (4), which require the petition to be filed in each case and served on all parties to each case. Defendant petitioned for removal, arguing service on affected parties was sufficient and compliance would require significant resources. The WCAB denied removal, adopting the WCJ's report, finding defendant failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy.

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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