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PanelDenied

Ruiz, Aurelio

AURELIO RUIZ, Applicant vs. CARRARA MARBLE COMPANY OF AMERICA; EVEREST NATIONAL INSURANCE COMPANY, adjusted by SEDGWICK, Defendants

ADJ number: ADJ13792318
Decision date: Nov 5, 2023
District office: Oakland
WCJ: —
Claim administrator: Sedgwick (adjusting for Everest National Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, NATALIE PALUGYAI, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

LC §5904CCR §10955

Summary

Aurelio Ruiz petitioned for reconsideration/removal of a WCJ decision involving claims against Carrara Marble Company of America (insured by Everest National Insurance Company, adjusted by Sedgwick). The Board determined that because the WCJ's decision included a finding on a threshold issue, it was a final order subject to reconsideration rather than removal. However, since the petitioner only challenged an interlocutory finding/order within the hybrid decision, the Board applied the removal standard to its review. Based on the WCJ's analysis of the merits, the Board found the petitioner failed to show significant prejudice or irreparable harm, or that reconsideration would not be an adequate remedy. The Petition 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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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.