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PanelDenied

Maricela Gallardo — ADJ11125866, ADJ11125381

MARICELA GALLARDO, Applicant vs. R&W INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number: ADJ11125866, ADJ11125381
Decision date: Oct 10, 2022
District office: Los Angeles
WCJ: —
Claim administrator: Travelers Property Casualty Company of America; Employers Compensation Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER

LC §5904LC §5313CCR §10955

Summary

Defendant filed a Petition for Removal challenging a WCJ's order taking the matter off calendar in a workers' compensation case involving Maricela Gallardo. The WCJ's minutes contained some discussion of threshold issues, which defendant apparently sought to characterize as binding determinations. The Appeals Board denied removal, finding that no record was created, no evidence was submitted, and it was unclear whether the parties intended to stipulate to or be bound by any threshold determinations. The Board emphasized that the actual order issued—an order taking the matter off calendar—was a non-final order, and defendant failed to demonstrate substantial prejudice or irreparable harm. 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.