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PanelDenied

Gene Sawaya — ADJ11148904

GENE SAWAYA, Applicant vs. ENTERPRISE HOLDINGS, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ11148904
Decision date: Jan 16, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering for Travelers Property Casualty Company of America)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5900LC §5911LC §5904CCR §10955

Summary

The WCAB granted reconsideration on its own motion to correct a procedural error in its January 3, 2023 decision, which had issued with an incorrect panel member (Commissioner Sweeney, who no longer served on the Appeals Board). The Board rescinded the prior decision and substituted a new decision with a properly constituted panel, making no other substantive changes. The underlying matter involved a petition challenging a WCJ decision that resolved a threshold issue but where the petitioner only disputed an interlocutory finding. Applying the removal standard, the Board found no significant prejudice or irreparable harm would result. The Board denied the petition as one seeking reconsideration.

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.