WCPanelIQ
PanelDenied

Jimenez, Salvador

SALVADOR JIMENEZ, Applicant vs. AVIS RENTAL CAR JOHN WAYNE AIRPORT; CNA CLAIMS PLUS, Defendants

ADJ number
ADJ12001757
Decision date
Oct 13, 2022
District office
Anaheim
WCJ
—
Claim administrator
CNA Claims Plus
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10955

Summary

Salvador Jimenez filed a Petition for Removal in two consolidated claims against Avis Rental Car (John Wayne Airport), administered by CNA Claims Plus. The Appeals Board considered the petition along with the WCJ's report and analysis of the merits. The Board emphasized that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and where reconsideration would not be an adequate remedy. Finding neither standard met, the Board denied the petition and directed that the petitioner may raise the disputed issues with the trial judge at the time of trial.

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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