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PanelDismissed

Aranda, Patricia

PATRICIA ARANDA, Applicant vs. ACME LABOR, LLC; CYPRESS INSURANCE COMPANY, ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ15988298
Decision date: Jun 12, 2023
District office: Santa Barbara
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER

LC §5900LC §5902LC §5903LC §5701CCR §10843CCR §10955

Summary

Patricia Aranda sought reconsideration or, in the alternative, removal of the WCJ's March 27, 2023 Order Vacating Submission, Appointing a Labor Code section 5701 evaluation, and Ordering the Matter Off Calendar. The WCAB held that the March 27, 2023 order was an interlocutory, non-final order because it did not determine any substantive right or threshold issue. Accordingly, the Board dismissed the petition to the extent it sought reconsideration, since reconsideration is available only from final orders. The Board denied the petition to the extent it sought removal, finding the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The petition was thus dismissed in part and denied in part.

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.