WCPanelIQ
PanelGranted in Part

Meza, Marta

MARTA MEZA, Applicant vs. REAL TIME STAFFING SERVICES LLC, DBA SELECT STAFFING; XL INSURANCE CO., administered by BROADSPIRE, Defendants

ADJ number
ADJ12640295
Decision date
Mar 17, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Broadspire (TPA for XL Insurance Co.)
Commissioners
—
LC §5310LC §5900LC §5902LC §5903LC §5950CCR §10843CCR §10615

Summary

Applicant Marta Meza filed a Petition for Reconsideration or, alternatively, Petition for Removal, challenging the WCJ's February 23, 2024 Minute Order denying her request for a continuance, arguing the denial violated due process. The Appeals Board held that the Minute Order denying a continuance was an interlocutory procedural order, not a 'final' order subject to reconsideration. Accordingly, the Board dismissed the petition to the extent it sought reconsideration. The Board then exercised its discretionary authority under Labor Code section 5310 to grant removal on its own motion and deferred a final decision on the merits pending further review of the record.

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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