WCPanelIQ
PanelDenied

Gastelum, Deborah

DEBORAH GASTELUM, Applicant vs. TJX COMPANIES HOMEGOODS; ZURICH INSURANCE, Defendants

ADJ number
ADJ15575377
Decision date
Dec 11, 2023
District office
San Diego
WCJ
—
Claim administrator
Zurich Insurance
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10955

Summary

Applicant Deborah Gastelum filed a Petition for Removal in a claim against TJX Companies HomeGoods, insured by Zurich Insurance. The Appeals Board considered the petition together with the WCJ's report on the merits of the petitioner's arguments. The Board reiterated that removal is an extraordinary remedy granted only where the petitioner shows substantial prejudice or irreparable harm and that reconsideration would not be an adequate remedy. Finding the petitioner failed to make this showing, the Board denied the Petition for Removal.

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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