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PanelDismissed

Villegas, Maria

MARIA VILLEGAS, Applicant vs. SCI SHARED RESOURCES LLC; OLD REPUBLIC INSURANCE CO. C/O GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ17926934
Decision date: Jul 21, 2024
District office: Bakersfield
WCJ: Marilen Zinner
Claim administrator: Gallagher Bassett Services (TPA for Old Republic Insurance Co.)
Commissioners: —

Injury / body parts: shoulders, elbows, arms, nervous system, psyche

LC §5900LC §5902LC §5903LC §5813CCR §10421CCR §10955CCR §10700

Summary

Defendant SCI Shared Resources and Old Republic Insurance (via Gallagher Bassett) filed a Petition for Reconsideration and alternatively Removal challenging a Joint Order Suspending Action issued May 10, 2024, after the WCJ reviewed a $10,000 Compromise and Release filed in two consolidated claims. The Order identified seven concerns and set the matter for a status conference rather than approving or disapproving the C&R. The Appeals Board dismissed the Petition for Reconsideration, holding the Joint Order Suspending Action is an interim, non-final procedural/discovery order not subject to reconsideration, and denied the Petition for Removal because defendant failed to show substantial prejudice or irreparable harm. The Board also admonished defense counsel Nathan McMurry, citing Ledezma, that filing reconsideration on interlocutory orders may be frivolous and subject to sanctions under Labor Code section 5813 and WCAB Rule 10421.

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.