WCPanelIQ
PanelDenied

Valencia Magallon, Jose Alfredo

JOSE ALFREDO VALENCIA MAGALLON, Applicant vs. CW CONSTRUCTION; GALLAGHER BASSETT, Defendants

ADJ number
ADJ13924691
Decision date
Dec 5, 2024
District office
Oxnard
WCJ
—
Claim administrator
Gallagher Bassett
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: various body parts

LC §5813LC §5806LC §5807CCR §10955CCR §10390

Summary

Applicant Jose Alfredo Valencia Magallon filed an Application for Adjudication on November 30, 2020, alleging injury to various body parts while employed by CW Construction, with Gallagher Bassett listed as both insurer and claims administrator. The defendant filed a Petition for Removal, but the Board's review revealed that the actual workers' compensation insurance carrier (handwritten as 'Zurich American Ins.' on the August 26, 2024 pre-trial conference statement) was not on the Official Address Record and had made no appearance. The Board emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the petitioner failed to establish. The Board denied the petition while noting that defendant failed to comply with its mandatory duty under Coldiron and WCAB Rule 10390 to properly identify the employer's insurance carrier. The Board directed the parties to correct the official address record upon return of the matter.

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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