WCPanelIQ
PanelDenied

Jerome Edwards — ADJ12649191

JEROME EDWARDS, Applicant vs. HP HOOD, LLC; ACE AMERICAN INSURANCE CO.; adjusted by ESIS, Defendants

ADJ number
ADJ12649191
Decision date
Jul 28, 2022
District office
Sacramento District Office
WCJ
—
Claim administrator
ESIS (adjusting for ACE American Insurance Co.)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5701LC §5904LC §5813CCR §10955CCR §10421

Summary

Applicant Jerome Edwards, through attorney Fletcher Brown, filed a 'Petition for Removal/Reconsideration, and LC 5701 Physician Appointment' challenging a WCJ's decision in this HP Hood/ACE American Insurance claim. The WCJ's decision contained a threshold finding (existence of an employment relationship) making it a final order subject to reconsideration, but the petitioner only challenged an interlocutory finding, so the Board applied the removal standard. The Board found no showing of significant prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board further admonished applicant's attorney for raising an issue not presented to the WCJ in the first instance, finding the position frivolous and without merit, and reminded counsel of potential sanctions under Labor Code section 5813. 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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