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PanelGranted in Part

Figueroa, Andrea

ANDREA FIGUEROA, Applicant vs. CAMPESINOS FARM LABOR CONTRACTING INC., PREFERRED EMPLOYERS INSURANCE COMPANY, Defendants

ADJ number: ADJ18844740
Decision date: Nov 21, 2024
District office: Bakersfield
WCJ: —
Claim administrator: Preferred Employers Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5909LC §5900LC §5902LC §5903LC §5700LC §4907CCR §10401CCR §10961CCR §10962

Summary

Defendant filed a Petition for Reconsideration on August 19, 2024 challenging the WCJ's July 26, 2024 Order directing service of documents, contending the issue was moot because the underlying petition for costs had been resolved. The WCJ subsequently issued a Notice of Intent to rescind and then a September 23, 2024 Order rescinding the July 26 Order, but that rescission occurred while the case was pending before the Appeals Board and outside the 15-day window in which the WCJ retained jurisdiction. The Board held the July 26 Order was a non-final interlocutory evidentiary/discovery order not properly subject to reconsideration. It dismissed the petition as one for reconsideration, treated and granted it as a petition for removal, and rescinded both the July 26, 2024 and September 23, 2024 Orders to clear the record. The Board also addressed timeliness under newly amended section 5909 and admonished both the non-attorney representative and the insurer regarding their professional obligations.

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.