WCPanelIQ
PanelDenied

Ruiz, Jaime

JAIME RUIZ, Applicant vs. EMILIO JAIME RICHART ORTEGA dba RICHART TRUCKING, Defendants

ADJ number
ADJ14429241
Decision date
Date unavailable
District office
Riverside District Office
WCJ
Thompson
Claim administrator
—
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
CCR §10955CCR §10788

Summary

Applicant Jaime Ruiz filed a Petition for Removal after his attorney's attempt to obtain automatic reassignment of trial judge WCJ Thompson was denied. WCJ Thompson was assigned as trial judge at an April 27, 2022 priority conference, and applicant's attorney never objected through multiple subsequent appearances and filings. The Appeals Board found that applicant conflated the outer time limit in WCAB Rule 10788(a) with the periods triggering a motion under subdivisions (b) and (c), and concluded the right to automatic reassignment had expired. The Board held applicant failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would be an inadequate 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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