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PanelRemanded

Marshall, Alkashif

ALKASHIF MARSHALL, Applicant vs. UBER TECHNOLOGIES, INC.; Insured by OLD REPUBLIC, administered by BROADSPIRE, Defendants

ADJ number: ADJ10979852
Decision date: Dec 16, 2024
District office: Los Angeles
WCJ: —
Claim administrator: Broadspire (administering for Old Republic)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head, neck, wrist, back, shoulder, leg, ankle, foot, chest

LC §5909LC §5900LC §5902LC §5903LC §5313LC §5952LC §5952(d)CCR §10955CCR §10832

Summary

Applicant Alkashif Marshall, a former Uber driver claiming injuries from a December 6, 2016 auto accident, petitioned for reconsideration of a WCJ's October 2, 2024 Order granting his second attorney's (Law Offices of Scott Warmuth) Petition to be Relieved as counsel of record. The WCJ granted the petition without issuing a Notice of Intention (NIT), without holding an evidentiary hearing, and without admitting any testimony or exhibits into the record. The Appeals Board held the Order was an interlocutory, non-final order, so it dismissed the Petition for Reconsideration but treated it as a Petition for Removal. The Board granted removal, finding the WCJ violated applicant's due process rights by relieving counsel without an adequate record or opportunity to be heard, causing substantial prejudice that reconsideration could not cure. The Board rescinded the October 2, 2024 Order and returned the matter to the trial level for an evidentiary hearing and creation of a proper record.

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.