WCPanelIQ
PanelDenied

Condit, Gwen

GWEN CONDIT, Applicant vs. PANAMA-BUENA VISTA UNION SCHOOL DISTRICT, permissibly self-insured, administered by SELF-INSURED SCHOOLS OF CALIFORNIA, Defendants

ADJ number
ADJ7243550
Decision date
Jan 3, 2024
District office
Bakersfield
WCJ
—
Claim administrator
Self-Insured Schools of California (administrator for Panama-Buena Vista Union School District, permissibly self-insured)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10955

Summary

Applicant Gwen Condit filed a Petition for Removal challenging the WCJ's order continuing the Mandatory Settlement Conference from January 4, 2024 to February 8, 2024 because the pre-trial conference statement filed contained only the applicant attorney's signature. Applicant argued the continuance caused irreparable harm and significant prejudice by delaying benefits, especially since a prior joint pre-trial conference statement had been filed. Defendant did not file an Answer, and the WCJ recommended denial of removal. The Board found that applicant failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse final decision later issued. The Board noted that the parties had jointly stipulated to continue the February MSC to April 25, 2024 but had still not completed the pre-trial conference statement, which itself caused further delay. The Petition for Removal was denied.

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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