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PanelDismissed

Amezcua, Armando

ARMANDO AMEZCUA, Applicant vs. MILGARD WINDOWS MANUFACTURING, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE, Defendants

ADJ number: ADJ19104112
Decision date: Dec 16, 2024
District office: Riverside
WCJ: —
Claim administrator: Broadspire (administering XL Specialty Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5710LC §5310LC §5301LC §5813LC §5909LC §5900LC §5902LC §5903CCR §10955CCR §10515CCR §10787CCR §10843CCR §10421CCR §10605CCR §10600

Summary

Applicant's attorney John R. Ramirez filed a Petition for Reconsideration challenging an October 3, 2024 order taking off calendar his petition for a section 5710 deposition attorney's fee, disputing the WCJ's reduction of his hourly rate from $425 to $400 (a $115 difference). The Board dismissed the petition because an order taking a matter off calendar is a non-final, interlocutory order from which reconsideration cannot be taken. Treating the petition as seeking removal, the Board denied removal because Ramirez failed to show irreparable harm, significant prejudice, or that reconsideration would be inadequate. The Board further granted removal on its own motion and issued a notice of intent to impose sanctions up to $750 against Ramirez under section 5813, noting he had filed similar frivolous petitions in at least six cases and ignored five prior admonishments to review and correct his filings.

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.