WCPanelIQ
PanelDenied

Monti, Kevin

KEVIN MONTI, Applicant vs. INTREN, LLC; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants

ADJ number
ADJ19727180
Decision date
Dec 18, 2025
District office
San Luis Obispo
WCJ
—
Claim administrator
ESIS (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Defendant Intren, LLC, insured by ACE American Insurance Company and administered by ESIS, filed a petition for removal challenging the WCJ's October 23, 2025 order setting the matter for trial, arguing that discovery was not yet complete. The WCAB panel reviewed the petition, applicant's answer, and the WCJ's Report and Recommendation, which recommended denial. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and a demonstration that reconsideration would not be an adequate remedy. The Board found that defendant could raise the issue of further development of the record at trial, where a formal record could be created. 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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