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PanelDismissed

Olga Janet Molina — ADJ11065911

OLGA JANET MOLINA, Applicant vs. DESERT SHADES, INC. (A CORP.); SOUTHERN INSURANCE COMPANY, ADMINISTERED BY AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ11065911
Decision date: Sep 8, 2021
District office: Long Beach
WCJ: —
Claim administrator: AmTrust (administering Southern Insurance Company)
Commissioners: —

LC §5909LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Defendant filed a Petition for Removal or alternatively Reconsideration challenging the WCJ's Findings and Order issued October 15, 2020. The Board had previously granted reconsideration but, upon further review, determined the WCJ's decision resolved only an intermediate procedural or evidentiary issue rather than any substantive right, liability, or threshold issue. Because the order was not 'final,' reconsideration was not the proper vehicle, so the Board vacated its prior grant and dismissed the petition as one seeking reconsideration. The Board also denied removal, finding defendant failed to show substantial prejudice or irreparable harm or that reconsideration would be inadequate. The Board addressed the Labor Code section 5909 timing issue by invoking Shipley, holding its time to act was tolled due to a procedural error.

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.