WCPanelIQ
PanelDenied

Londona Rocha, Jeimy

JEIMY LONDONO ROCHA, Applicant vs. JTM STAFFING, L.L.C., insured by SIRIUSPOINT AMERICA INSURANCE COMPANY, C/O CORVEL, Defendants

ADJ number
ADJ17537823
Decision date
Apr 16, 2024
District office
San Jose District Office
WCJ
—
Claim administrator
CorVel (TPA), on behalf of SiriusPoint America Insurance Company
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER
CCR §10955

Summary

Applicant Jeimy Londono Rocha sought removal in response to a WCJ's order denying a request to continue a status conference. Applicant argued the WCJ's denial order was discourteous, disrespectful, dismissive, impatient, and un-judicious, and requested that a continuance be granted. While the WCJ acknowledged in the Report that the language used in the denial order was flippant, brusque, hasty, and intemperate, the Appeals Board agreed there was no allegation or demonstration of irreparable harm constituting good cause for removal. The Board emphasized that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and where reconsideration would not be an adequate remedy. 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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