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PanelDenied

Jimenez, Howard

HOWARD JIMENEZ, Applicant vs. UNITED STAFFING ASSOCIATES; WESTERN MILLING; ZURICH AMERICAN INSURANCE COMPANY administered by GALLAGHER BASSETT; BERKSHIRE HATHAWAY HOMESTATE SERVICES, Defendants

ADJ number: ADJ13604873
Decision date: May 16, 2024
District office: Fresno District Office
WCJ: —
Claim administrator: Gallagher Bassett (administering for Zurich American Insurance Company); Berkshire Hathaway Homestate Services
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

CCR §10955

Summary

Defendant United Staffing Associates filed a Petition for Removal challenging a Bakersfield WCJ's order continuing a status conference (set on the board's own motion) from August 17, 2023 to October 5, 2023, arguing the Bakersfield WCJ lacked jurisdiction because the case was venued in Fresno. The WCAB found that the issue had become moot, as the October 5, 2023 Minutes of Hearing showed all parties jointly requested the matter be taken off calendar and agreed to jointly petition the Fresno district office to transfer venue to Bakersfield. The Board reaffirmed that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm and that reconsideration would be inadequate. Finding no such showing and adopting the WCJ's Report and Recommendation, the Board denied 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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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.

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.