WCPanelIQ
PanelDenied

Fuentes, John

JOHN FUENTES, Applicant vs. WORKFORCE ENTERPRISES WFE, INC.; BENCHMARK INS. CO., administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number
ADJ15329303
Decision date
Apr 1, 2024
District office
Long Beach
WCJ
—
Claim administrator
American Claims Management
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5813CCR §10955CCR §10421

Summary

John Fuentes filed a workers' compensation claim against Workforce Enterprises WFE, Inc., insured by Benchmark Insurance Company and administered by American Claims Management. Defendant filed a Petition for Removal challenging an interlocutory ruling by the WCJ. The Appeals Board denied removal, finding that defendant failed to demonstrate substantial prejudice or irreparable harm and failed to show reconsideration would be an inadequate remedy. The Board further admonished defense counsel and the defendants for filing a frivolous petition that wasted judicial resources, while declining to impose sanctions at this time and leaving the WCJ free to consider trial-level sanctions.

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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