WCPanelIQ
PanelDenied

Corleto, Nixon

NIXON CORLETO, Applicant vs. FRISCO BAKING CO.; COMPWEST INSURANCE COMPANY, Defendants

ADJ number
ADJ19889304
Decision date
Dec 30, 2025
District office
Los Angeles
WCJ
—
Claim administrator
CompWest Insurance Company
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5700CCR §10955CCR §10620

Summary

Applicant Nixon Corleto filed a petition for removal from a WCJ's October 17, 2025 order vacating a trial date and setting the matter for a mandatory settlement conference. Applicant argued that a WCJ has no power to control their courtroom calendar and that the filing of an expedited hearing request compels the court to conduct an expedited hearing. The Board found no Labor Code provision granting a party a unilateral right to proceed to trial upon filing a DOR, citing Labor Code section 5700, which vests discretion in the WCJ and Appeals Board to adjourn hearings. The Board also noted that no party had properly filed exhibits per WCAB Rule 10620, justifying the continuance. The Board denied removal, found the delay was caused by applicant's own repeated filings, and admonished applicant's counsel that frivolous or bad-faith petitions could warrant sanctions.

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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