WCPanelIQ
PanelDismissed

Martin Casillas — ADJ12391409

MARTIN CASILLAS, Applicant vs. JOSE TALAVERA AND EUSEBIO VALLES SANCHEZ JR., INDIVIDUALS, DBA THE STUCCO GUYS; LAS LOMAS INVESTMENTS LLC; BABAK MOHAMMADI, AN INDIVIDUAL; FOREMOST INSURANCE COMPANY as administered by BROADSPIRE, Defendants

ADJ number
ADJ12391409
Decision date
Feb 5, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Broadspire (administering Foremost Insurance Company)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5902LC §5903LC §3715LC §5313LC §5952

Summary

Defendant Las Lomas Investments, LLC and Babak Mohammadi filed a Petition for Reconsideration challenging a determination by the Director of Industrial Relations that they were prima facie illegally uninsured at the time of applicant Martin Casillas's claimed injury. The WCJ had issued only an order continuing the trial to April 4, 2023, and had not resolved any substantive right, liability, or threshold issue. The Board held that an order continuing a trial is an interlocutory procedural order that is not 'final' and therefore not subject to reconsideration. The Board further noted that the appeal of the prima facie illegally uninsured finding must be considered in the first instance at the trial level so evidence can be admitted and a record created. The Petition was dismissed.

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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