WCPanelIQ
PanelDismissed

Sherrick, Amy

AMY SHERRICK, Applicant vs. MCCORMICK BARSTOW LLP; FEDERAL INSURANCE COMPANY, administered by CHUBB GROUP OF INSURANCE COMPANIES, Defendants

ADJ number
ADJ10807013
Decision date
Nov 3, 2024
District office
Fresno
WCJ
—
Claim administrator
Chubb Group of Insurance Companies (administering Federal Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10955

Summary

Defendant sought removal of a statement in the August 15, 2024 Minutes of Hearing (MOH) from a Status Conference indicating that 'AA elects against Hartford,' arguing its due process rights were violated because Hartford was a defendant in only one of applicant's two consolidated cases. On September 4, 2024, the day after the Petition was filed, the WCJ issued a Notice of Clarification correcting the MOH to reflect that the election against Hartford applied only to case ADJ10018404 (with Federal Insurance Company/Chubb providing coverage in ADJ10807013). Because the WCJ took corrective action within 15 days of the petition's filing under WCAB Rule 10955(d), the petition was deemed automatically dismissed as moot. The Board dismissed the Petition for Removal.

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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