WCPanelIQ
PanelDenied

Phuong Vo — ADJ14400851

PHUONG VO, Applicant vs. 123PCB CORPORATION; EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number
ADJ14400851
Decision date
Nov 22, 2022
District office
San Francisco
WCJ
—
Claim administrator
Employers Preferred Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
CCR §10955

Summary

Defendant filed a Petition for Removal in this matter involving applicant Phuong Vo. The petition apparently related to an issue concerning the replacement of evaluator James O'Dowd, Ph.D. The WCAB panel considered the petition, the WCJ's report, and the record, applying the standard that removal is an extraordinary remedy. The Board found that defendant failed to show substantial prejudice or irreparable harm and failed to demonstrate that reconsideration would be an inadequate remedy. The Board denied the Petition for Removal and noted that defendant may raise the issue of replacing Dr. O'Dowd with the trial judge.

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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