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PanelDenied

Sandra Maricela Vargas — ADJ12852074, ADJ9517738

SANDRA MARICELA VARGAS, Applicant vs. LUCILE PACKARD CHILDREN’S HOSPITAL AND SAFETY NATIONAL CASUALTY CORPORATION, adjusted by TRISTAR INSURANCE GROUP, Defendants

ADJ number: ADJ12852074, ADJ9517738
Decision date: Oct 11, 2022
District office: San Francisco District Office
WCJ: —
Claim administrator: Tristar Insurance Group (adjusting for Safety National Casualty Corporation)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

LC §5311CCR §10955CCR §10960

Summary

Applicant Sandra Maricela Vargas filed a Petition for Removal in her consolidated workers' compensation cases against Lucile Packard Children's Hospital and Safety National Casualty Corporation, adjusted by Tristar Insurance Group. The Appeals Board considered the petition's allegations alongside the WCJ's report on the merits. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and that reconsideration would be an inadequate remedy. Finding neither standard satisfied, and concluding that any construction of the petition as one for disqualification would also fail for lack of sufficient facts declared under penalty of perjury, the Board denied the petition.

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.

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.