WCPanelIQ
PanelDenied

Juan Paz Marenco — ADJ13264493, ADJ13264481

JUAN PAZ-MARENCO, Applicant vs. MIR CO.; STARNET INSURANCE COMPANY administered by BERKLEYNET, Defendants

ADJ number
ADJ13264493, ADJ13264481
Decision date
Oct 31, 2022
District office
Marina del Rey
WCJ
—
Claim administrator
BerkleyNet (administering for Starnet Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER
CCR §10955

Summary

Applicant Juan Paz-Marenco filed a Petition for Removal in a case against MIR Co. and Starnet Insurance Company, administered by BerkleyNet. The petition apparently concerned a discovery-related dispute prior to trial. The Appeals Board, relying on the WCJ's report and analysis, found that petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision ultimately issued. The Board emphasized that removal is an extraordinary remedy rarely exercised, and that the parties would have the opportunity to raise all relevant issues, including the propriety of further discovery, at trial. The Petition for Removal was denied.

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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