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PanelDismissed

Abbott, Rick

RICK ABBOTT, Applicant vs. MILWAUKEE BREWERS; STATE COMPENSATION INSURANCE FUND; AMERICAN INSURANCE COMPANY; STOCKTON PORTS; CIGA FOR HOMELAND INSURANCE, in liquidation, and STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ12460438
Decision date: Jul 18, 2023
District office: Stockton District Office
WCJ: —
Claim administrator: State Compensation Insurance Fund; California Insurance Guarantee Association (CIGA) for Homeland Insurance, in liquidation
Commissioners: JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Rick Abbott filed a combined Petition for Reconsideration and Removal challenging a WCJ's decision in a claim involving multiple defendants and insurers, including CIGA for Homeland Insurance in liquidation. The WCAB panel found that the WCJ's decision resolved only an intermediate procedural or evidentiary issue and did not determine any substantive right, liability, or threshold issue. Because the decision was not 'final,' the Board dismissed the petition to the extent it sought reconsideration. The Board also denied the petition to the extent it sought removal, finding the petitioner failed to show substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy if a final adverse decision ultimately issued.

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.