WCPanelIQ
PanelDenied

Alvarez, Hernando

HERNANDO ALVAREZ, Applicant vs. SMG BUILDERS; NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, Defendants

ADJ number
ADJ11353445
Decision date
Jul 31, 2023
District office
San Luis Obispo
WCJ
—
Claim administrator
National Liability and Fire Insurance Company
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
CCR §10955CCR §10945

Summary

Applicant Hernando Alvarez filed a Petition for Removal in a claim against SMG Builders, insured by National Liability and Fire Insurance Company. The WCAB reviewed the petition's allegations and the WCJ's report on the merits. Applying the standard that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, the Board found the petitioner failed to make that showing and that reconsideration would be an adequate remedy if a final adverse decision issued. The Board denied removal and admonished the parties for attaching exhibits never admitted into evidence to the petition, in violation of Rule 10945.

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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