WCPanelIQ
PanelDenied

Eldonna Gillespie — ADJ13376519, ADJ12800164, ADJ12800163

ELDONNA GILLESPIE, Applicant vs. CONSTELLIS TRIPLE CANOPY; STARR INDEMNITY & LIABILITY COMPANY administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ13376519, ADJ12800164, ADJ12800163
Decision date
Oct 3, 2022
District office
Anaheim
WCJ
—
Claim administrator
Gallagher Bassett (administering for Starr Indemnity & Liability Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5311LC §5313CCR §10955CCR §10843CCR §10960

Summary

Defendant Constellis Triple Canopy, insured by Starr Indemnity & Liability Company administered by Gallagher Bassett, filed a Petition for Removal of an August 11, 2022 Order requiring claims adjuster Lorrie Ragsdale to appear and testify at the October 4, 2022 trial, and separately filed a Petition for Disqualification of the WCJ. The WCJ had converted the hearing into an MSC, ordered trial briefs on the validity of MPN notices and the right to treat outside the MPN, and ordered the adjuster to testify regarding why complete MPN notices were not sent and to address potential sanctions. The Appeals Board found removal unwarranted because defendant did not show substantial prejudice or irreparable harm and because reconsideration would be an adequate remedy. The Board found no basis for disqualification, holding that ordering testimony and trial briefs reflected ordinary judicial functions, not bias or a fixed opinion on the merits. Both petitions were 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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