WCPanelIQ
PanelQMEDenied

Soni Del Carmen Quijano — ADJ14228796

SONIA DEL CARMEN QUIJANO, Applicant vs. PRIMARY COLOR SYSTEM CORP.; STARSTONE NATIONAL INS. CO., administered by ENSTAR ADMINISTRATORS, Defendants

ADJ number
ADJ14228796
Decision date
Sep 6, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Enstar Administrators (administering StarStone National Ins. Co.)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10955

Summary

Defendant sought removal of a WCJ order issued at a May 19, 2022 Mandatory Settlement Conference that denied defendant's request for additional discovery and set the case for trial. Defendant argued it would suffer substantial prejudice and irreparable harm because new counsel needed more time to review the file and determine whether a deposition of the Panel QME was required. The WCJ filed a Report and Recommendation urging denial, finding no significant prejudice or irreparable harm. The Appeals Board agreed, noting removal is an extraordinary remedy and that defendant could raise its discovery request 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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