WCPanelIQ
PanelMed-legalDismissed

Hernandez, Jose

JOSE HERNANDEZ, Applicant vs. HACIENDA GOLF CLUB; CIGA FOR HIH AMERICA INSURANCE IN LIQUIDATION BY ITS SERVICING FACILITY, SEDGWICK; STATE COMPENSATION INSURANCE FUND; REPUBLIC INDEMNITY, Defendants

ADJ number
ADJ2001929
Decision date
Jan 19, 2026
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick (servicing facility for CIGA for HIH America Insurance in Liquidation)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5909LC §5900LC §5902LC §5903LC §5813LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Jose Hernandez filed a petition for reconsideration and removal challenging the WCJ's October 9, 2025 order of continuance, which set the matter for trial to address all issues including defendant CIGA's Petition to Compel applicant to appear for an Independent Medical Examiner (IME) appointment. Applicant argued the record should not be further developed, an IME should not be ordered, and that CIGA should be sanctioned under Labor Code section 5813 for bad faith tactics. The Board dismissed the petition as one for reconsideration, finding the order of continuance was an interlocutory procedural decision rather than a final order. The Board denied the petition as one for removal, finding no showing of substantial prejudice or irreparable harm and that reconsideration would be an adequate future remedy. The Board emphasized the disputed issues remain triable and that no determination has been made.

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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