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PanelDismissed

Higareda, Manuel

MANUEL HIGAREDA, Applicant vs. HUNTINGTON PIER COLONY; TECHNOLOGY INSURANCE COMPANY administered by AMTRUST, Defendants

ADJ number: ADJ16328028
Decision date: Oct 6, 2024
District office: Pomona
WCJ: —
Claim administrator: AmTrust (administering Technology Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903CCR §10600CCR §10955

Summary

Defendant Technology Insurance Company, administered by AmTrust, filed a Petition for Reconsideration challenging the WCJ's Order Rescinding Findings and Order in Manuel Higareda's claim. The Board determined that the rescinding order was an interim procedural/discovery order—not a final order—because it deferred any finding on sanctions/costs and ordered the matter off-calendar pending discovery. Accordingly, the Board dismissed the Petition for Reconsideration as not subject to reconsideration and treated it as a petition for removal. Applying the removal standard, the Board found defendant failed to demonstrate substantial prejudice or irreparable harm, and denied removal. The Board also addressed the timeliness of its action under amended Labor Code section 5909, concluding it acted within 60 days of the August 7, 2024 transmission date.

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.