WCPanelIQ
PanelQMEDenied

Tellez, Magdaleno

MAGDALENO TELLEZ, Applicant vs. M & M FARM LABOR, INC.; CARE WEST INSURANCE COMPANY, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ15116331
Decision date
Date unavailable
District office
Van Nuys
WCJ
—
Claim administrator
CorVel Corporation (administering for Care West Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
CCR §10955

Summary

Applicant Magdaleno Tellez filed a Petition for Removal challenging proceedings before the WCJ in a case set on the issues of entitlement to additional QME panels and temporary disability. The Appeals Board reviewed the petition alongside the WCJ's report and found petitioner failed to demonstrate substantial prejudice or irreparable harm if removal were denied, or that reconsideration would be an inadequate remedy. The Board emphasized that removal is an extraordinary remedy rarely exercised. The Board also noted that discovery closure should be limited to the pending issues of additional panels and temporary disability benefits. The Petition for Removal was denied.

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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