WCPanelIQ
PanelDismissed

Carol Allison — ADJ30466970

CAROL ALLISON, Applicant vs. MERTZ DEL AMO MOBILE HOME PARK; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility SEDGWICK CMS, for SUPERIOR NATIONAL INSURANCE, in liquidation, Defendants

ADJ number
ADJ30466970
Decision date
Nov 20, 2022
District office
Marina del Rey
WCJ
Martha Gaines
Claim administrator
California Insurance Guarantee Association, by its servicing facility Sedgwick CMS, for Superior National Insurance, in liquidation
Commissioners
—

Injury / body parts: neck, right upper extremity, left upper extremity, right wrist, left wrist

LC §111LC §4650LC §5310LC §5311LC §5813LC §5814LC §5814.5LC §5900LC §5902LC §5903LC §5909CCR §10452CCR §10507CCR §10955

Summary

Applicant Carol Allison sought reconsideration and removal in a long-running case dating to 2000 involving disputed temporary disability, VRMA, permanent disability, and penalty claims. In its September 21, 2018 Opinion After Reconsideration, the Board rescinded a WCJ's September 20, 2016 Findings and Order denying penalties, appointed WCJ Ralph Zamudio as a special master to develop the record and resolve disputes, denied applicant's petition to disqualify WCJ Martha Gaines, and returned the matter to trial. After WCJ Zamudio retired, applicant requested appointment of a new special master, and the Board treated her letter as a petition for removal, which it granted. In this November 21, 2022 Decision After Removal, the Board affirmed the June 11, 2020 WCJ order and its 2018 Opinion, amended to refer the matter to the Presiding Judge for appointment of a new special master, and dismissed applicant's August 2022 Petition for Reconsideration as taken from a non-final interim order.

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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