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PanelDismissed

Arroyo, Alma

ALMA ARROYO, Applicant vs. COUNTY OF SAN BERNARDINO, permissibly self-insured, self-administered, Defendant

ADJ number: ADJ18582166
Decision date: Nov 18, 2024
District office: Riverside
WCJ: —
Claim administrator: County of San Bernardino (permissibly self-insured, self-administered)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5710LC §5301LC §5909LC §5900LC §5902LC §5903LC §5813CCR §10955CCR §10515CCR §10843CCR §10787CCR §10841CCR §10421

Summary

Applicant's attorney John R. Ramirez filed a Petition for Reconsideration objecting to a WCJ's order taking off calendar a hearing on Labor Code section 5710 deposition attorney's fees. The WCJ had ordered defendant to pay $1,480.00 of the requested $1,572.50, leaving a $92.50 dispute, and took the fee trial off calendar over Ramirez's objection. The Appeals Board dismissed the Petition for Reconsideration because the order taking the matter off calendar was a non-final, interlocutory order from which reconsideration does not lie. Treating the petition as one for removal, the Board denied removal because Ramirez failed to demonstrate irreparable harm, significant prejudice, or that reconsideration would be an inadequate remedy, finding that judicial economy favored trying the small fee dispute alongside the case in chief. The Board admonished Ramirez for the third time for improperly filing reconsideration petitions from non-final orders and warned of potential sanctions.

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.