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PanelDenied

Gonzalez Garcia, Gennesis

GENNESIS GONZALEZ GARCIA, Applicant vs. GOLDEN CHINA RESTAURANT; TECHNOLOGY INSURANCE COMPANY, Administered by AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ12080649
Decision date: Jan 11, 2024
District office: Salinas
WCJ: —
Claim administrator: AmTrust North America (administering Technology Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: overlapping body parts (unspecified)

CCR §10955CCR §10396

Summary

Applicant Gennesis Gonzalez Garcia filed a Petition for Removal in three consolidated adjudication cases involving alleged 2019 injuries with two different employers and overlapping body parts. The WCJ's report analyzed the merits of a potential joinder of the applicant's pending cases, noting common issues of fact, the need to avoid inconsistent orders, and potential prejudice to the applicant. The Appeals Board denied removal, finding that the petitioner failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board recommended that upon return to the trial level, the WCJ consider initiating consolidation proceedings in compliance with WCAB Rule 10396, or that any party file a Declaration of Readiness to Proceed to request a hearing on consolidation.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.