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PanelMed-legalGranted in Part

Dominga Frias — ADJ10371478

DOMINGA FRIAS, Applicant vs. CANCUN TAQUERIA INC. AND ROSTIZERIA INC.; REPUBLIC UNDERWRITERS INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ10371478
Decision date: Mar 9, 2023
District office: San Francisco
WCJ: —
Claim administrator: Sedgwick Claims Management Services, administering for Republic Underwriters Insurance Company
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5310LC §5313CCR §10816CCR §10510CCR §10625CCR §10955

Summary

Applicant's attorney filed a Petition for Disqualification against the WCJ after she issued an order denying his request to hold an expedited hearing electronically via Lifesize, which he had sought to avoid exposing his high-risk father to COVID-19. The WCJ denied the request for failure to strictly comply with WCAB Rules 10816, 10510, and 10625 (verification and proof of service requirements) and explained in her Report that her ruling was not based on bias. The Appeals Board denied disqualification, finding no appearance of bias, but treated the petition as a petition for removal. The Board concluded the WCJ erroneously elevated form over substance by demanding strict technical compliance despite the absence of prejudice, and that issuing the order without a hearing violated due process. The Board granted removal, rescinded the July 29, 2022 Order, and returned the matter to the trial level.

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.

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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.