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PanelDismissed

Maria Del Carmen Castro — ADJ12041587

MARIA DEL CARMEN CASTRO, Applicant vs. BARRETT BUSINESS SERVICES; ACE AMERICAN INSURANCE COMPANY, Administered by CORVEL, Defendants

ADJ number: ADJ12041587
Decision date: Oct 30, 2022
District office: Van Nuys
WCJ: —
Claim administrator: CorVel (administering for ACE American Insurance Company)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5900LC §5902LC §5903LC §5813CCR §10955CCR §10759CCR §10421CCR §10787CCR §10803

Summary

Applicant Maria Del Carmen Castro filed a combined Petition for Reconsideration/Removal challenging a WCJ's interlocutory order related to the parties' failure to prepare a joint Pre-Trial Conference Statement (PTCS) and a notice of intention regarding sanctions. The WCJ had ordered the parties to file a PTCS within 20 days at the May 3, 2022 MSC, but applicant had not participated in preparing it by the August 24, 2022 trial date. The Appeals Board dismissed the petition to the extent it sought reconsideration because the challenged decision was not a 'final' order, and denied it to the extent it sought removal because no substantial prejudice or irreparable harm was shown. The Board noted the sanctions issue under Labor Code section 5813 could properly be heard at trial where a record could be created.

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.