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PanelDenied

Carroll, Karen

KAREN CARROLL, Applicant vs. SYSCO FOOD SERVICES; CORVEL CHINO, Defendants

ADJ number: ADJ476174
Decision date: Feb 9, 2025
District office: San Diego District Office
WCJ: —
Claim administrator: CorVel (Chino)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §5904CCR §10600CCR §10955

Summary

Karen Carroll filed a Petition for Removal challenging a WCJ's decision that contained a finding regarding the threshold issues of injury and employment. Because the decision resolved a threshold issue, the Appeals Board treated it as a final order subject to reconsideration rather than removal. The Board addressed timeliness under amended Labor Code section 5909, confirming the case was transmitted on December 11, 2024 and that its decision issued by February 10, 2025 (the next business day after the 60-day deadline fell on a Sunday). Although the decision was a hybrid containing a final finding, the petitioner only challenged interlocutory findings, so the Board applied the removal standard to its review. The Board found no significant prejudice or irreparable harm and denied the petition based on the WCJ's analysis.

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.