WCPanelIQ
PanelDenied

McGuire, Brenda

BRENDA MCGUIRE, Applicant vs. REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA; ACE AMERICAN INSURANCE COMPANY, administered by CCMSI, Defendants

ADJ number
ADJ11332049
Decision date
Oct 8, 2023
District office
Los Angeles
WCJ
—
Claim administrator
CCMSI (administering ACE American Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER
LC §5904CCR §10955

Summary

Brenda McGuire's petition challenged a WCJ decision in a consolidated workers' compensation matter against Republic Waste Services of Southern California, insured by ACE American Insurance Company administered by CCMSI. The Board addressed the procedural distinction between reconsideration (for final orders resolving threshold issues) and removal (for interlocutory, non-final orders). The WCJ's decision was a hybrid containing both a threshold finding and an interlocutory finding, but the petitioner only challenged the interlocutory portion. Applying the removal standard, the Board found the petitioner failed to demonstrate significant prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board denied the petition.

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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