WCPanelIQ
PanelDismissed

Hammond, Jimmy

JIMMY HAMMOND, Applicant vs. TESORO WEST COAST CORPORATION; COMMERCE AND INDUSTRY INSURANCE COMPANY, administered by BROADSPIRE SERVICES, INC., Defendants

ADJ number
ADJ7940908
Decision date
Jul 5, 2023
District office
San Diego
WCJ
—
Claim administrator
Broadspire Services, Inc. (administering for Commerce and Industry Insurance Company)
Commissioners
—
LC §5900LC §5902LC §5903LC §5311CCR §10955CCR §10960CCR §10452

Summary

Applicant Jimmy Hammond, in pro per, filed a Petition for Reconsideration on July 6, 2023, challenging the June 13, 2023 Minutes of Hearing that set the matter for trial. The WCAB determined that the trial-setting order was an intermediate procedural order that did not determine any substantive right, liability, or threshold issue, and therefore was not a 'final' order subject to reconsideration. The Board treated the petition as one for removal and disqualification, denying removal because applicant failed to demonstrate substantial prejudice or irreparable harm. The Board also denied disqualification because the petition lacked facts declared under penalty of perjury establishing grounds, and was untimely under WCAB Rule 10960. The petition for reconsideration was dismissed, and the petitions for removal and disqualification were 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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