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PanelQMEGranted

Xochitl Abarca — ADJ1586718, ADJ3616179

XOCHITL ABARCA, Applicant vs. DEPARTMENT OF SOCIAL SERVICES/IHSS, legally uninsured, adjusted by YORK RISK SERVICES GROUP, Defendants

ADJ number: ADJ1586718, ADJ3616179
Decision date: Mar 1, 2023
District office: San Francisco
WCJ: —
Claim administrator: York Risk Services Group (adjusting for Department of Social Services/IHSS, legally uninsured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

CCR §10955

Summary

Applicant Xochitl Abarca filed a Declaration of Readiness to Proceed (DOR) to trial on October 5, 2022, on issues including SJDB/rehabilitation. Defendant filed a late objection to the DOR (due to clerical error) and had scheduled a vocational rehabilitation reevaluation with its expert for November 17, 2022, having served notice on October 7, 2022. At the November 3, 2022 MSC, the WCJ set the matter for trial over defense objection and closed discovery, finding defendant had not acted diligently. The Appeals Board granted defendant's Petition for Removal, concluding defendant acted with reasonable diligence in scheduling its vocational reevaluation in response to applicant's supplemental vocational reports (August and September 2022), and that closure of discovery substantially prejudiced defendant in a manner not remediable at trial or by reconsideration. The Board rescinded the November 3, 2022 order and returned the matter to the trial level.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.

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.