WCPanelIQ
PanelDismissed

Jacquelyn Ramirez — ADJ10688600

JACQUELYN RAMIREZ, Applicant vs. ROSS STORES, INC.; ARCH INSURANCE COMPANY; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ10688600
Decision date
Sep 5, 2022
District office
Marina del Rey
WCJ
—
Claim administrator
Sedgwick Claims Management Services (TPA); Arch Insurance Company (insurer)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER
LC §5900LC §5902LC §5903LC §5813CCR §10843CCR §10955

Summary

Applicant Jacquelyn Ramirez, through attorney Dayna Berkowitz, filed a combined Petition for Reconsideration/Removal challenging a WCJ's June 30, 2022 Minute Order setting the matter for trial. The Board held that the Minute Order setting trial was not a final order and therefore not subject to reconsideration. To the extent removal was sought, the Board found applicant failed to demonstrate substantial prejudice or irreparable harm and failed to show reconsideration would be an inadequate remedy. The Board dismissed the petition for reconsideration and denied the petition for removal. It also admonished applicant's counsel for filing a petition for reconsideration from a clearly non-final order, warning that such conduct may be sanctionable under Labor Code section 5813.

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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