WCPanelIQ
PanelQMEGranted

Javier Romero — ADJ15277321

JAVIER ROMERO, Applicant vs. 15TH DDA, KERN COUNTY FAIR AND CALIFORNIA FAIR SERVICES AUTHORITY, Defendants

ADJ number
ADJ15277321
Decision date
Oct 30, 2022
District office
Bakersfield
WCJ
—
Claim administrator
California Fair Services Authority
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5502

Summary

Applicant Javier Romero filed a DOR requesting an AOE/COE trial after a QME found industrial causation while the claim remained denied. The matter was set for trial on August 17, 2022, but was rescheduled by the court to January 17, 2023 to be held virtually. Applicant filed a Petition for Removal challenging the delay under Labor Code section 5502(c), which requires priority conference cases to be set for trial as expeditiously as possible. The Board found it was unclear from the WCJ's report whether January 17, 2023 was the most expeditious trial date available. The Board granted removal and returned the matter to the WCJ to schedule trial as expeditiously as possible.

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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