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PanelDenied

Eubanks, Matthew

MATTHEW EUBANKS, Applicant vs. LAWRENCE LIVERMORE NATIONAL LABORITORY; STAR INDEMNITY and LIABILITY COMPANY, Defendants

ADJ number: ADJ16369204
Decision date: Aug 10, 2023
District office: Stockton
WCJ: —
Claim administrator: Star Indemnity and Liability Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5904CCR §10955

Summary

Applicant Matthew Eubanks filed a petition for removal on March 29, 2023 in response to a WCJ order setting the matter for trial. The matter proceeded to trial on April 25, 2023, and the WCJ issued a Findings and Order on May 23, 2023, which became the subject of a petition for reconsideration. The Board found that because the WCJ's decision included a finding on a threshold issue, it was a final order subject to reconsideration; however, since the petitioner only challenged an interlocutory finding, the Board applied the removal standard to its review. The Board denied the petition treated as one seeking reconsideration, finding no significant prejudice or irreparable harm, and dismissed the earlier petition for removal as moot since the trial had already occurred.

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.