De Jesus Ascencio, Teresita

Applicant Teresita De Jesus Ascencio filed a petition for additional QME panels on April 12, 2024, based on Dr. Schwartz's January 8, 2024 deposition. Defendant filed a Petition for Removal challenging the WCJ's handling, alleging the applicant never submitted a petition for additional panels and offered no supporting evidence in the Pre-Trial Conference Statement or Minutes of Hearing. The Board found defendant's allegations factually incorrect, noting that a petition is part of the record of proceedings under Rule 10803(a)(2) and need not be admitted as evidence, and that the record showed the April 12, 2024 petition was filed and the issue was raised at trial. The Board denied removal because defendant failed to show substantial prejudice or irreparable harm and because reconsideration would be an adequate remedy. The Board admonished defendant's attorneys (Julianne B. Crawford and Bradford & Barthel LLP) and the defendants that making misleading statements in a verified petition, even if technically true, constitutes bad faith conduct potentially subject to sanctions under Labor Code section 5813 and Rule 10421(b).