WCPanelIQ
PanelDenied

Ontiveros, Juan

JUAN ONTIVEROS, Applicant vs. PROGRESSION DRYWALL CORPORATION; CYPRESS INSURANCE, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ19084557
Decision date
Nov 19, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5313LC §5903LC §5952CCR §10109CCR §10761CCR §10787CCR §10955

Summary

Defendant Progression Drywall Corporation, insured by Cypress Insurance and administered by Berkshire Hathaway Homestate Companies, filed a petition for removal challenging the WCJ's July 30, 2025 order taking the matter off calendar. Defendant sought a bifurcated trial on its affirmative post-termination defenses before completing discovery on the issue of industrial injury. The WCAB panel found no showing of substantial prejudice or irreparable harm and concluded that good cause to bifurcate was not presented. The Board noted that multiple recent panels have cautioned defendant's attorneys against advancing what appear to be frivolous removal petitions. The petition 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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