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PanelQMEDenied

Avalos, Armando Castaneda (Dec.)

ARMANDO CASTANEDA AVALOS (deceased), Applicant vs. RANCHO NUEVO HARVESTING, INC.; UNITED WISCONSIN INSURANCE COMPANY, administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ12831236
Decision date: Feb 12, 2026
District office: Van Nuys
WCJ: —
Claim administrator: American Claims Management
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5313LC §5903LC §5952CCR §10955CCR §10761

Summary

In this death claim, applicant filed a petition for removal challenging the WCJ's January 8, 2026 order setting the matter for trial, arguing that discovery was incomplete and that a replacement panel QME should issue. The defendant filed an answer and the WCJ recommended denial via a Report and Recommendation. The Appeals Board reiterated that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm and that reconsideration would be an inadequate remedy. The Board found applicant failed to make this showing because the parties could raise the replacement panel and further discovery issues at trial, where a proper record could be developed. 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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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.

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.