WCPanelIQ
PanelDenied

Millan Chavez, Josefina

JOSEFINA MILLAN CHAVEZ, Applicant vs. EMPLOYBRIDGE; XL INSURANCE OF AMERICA; admin by BROADSPIRE, Defendants

ADJ number
ADJ14751755
Decision date
Aug 6, 2024
District office
Anaheim
WCJ
—
Claim administrator
Broadspire (administrator for XL Insurance of America)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10955CCR §10961CCR §10962

Summary

Applicant Josefina Millan Chavez filed a Petition for Removal challenging a WCJ order. The WCAB considered the petition allegations and the WCJ's report and found that the petitioner failed to demonstrate substantial prejudice or irreparable harm warranting the extraordinary remedy of removal, and that reconsideration would be an adequate remedy if a final adverse decision later issued. Separately, applicant filed a subsequent Petition for Removal on May 14, 2024 challenging an April 24, 2024 venue change order; the PWCJ rescinded that order on May 22, 2024 within the 15-day jurisdictional period, rendering that petition moot. The Board denied 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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