WCPanelIQ
PanelDenied

Hilario Hernandez — ADJ15313921

HILARIO HERNANDEZ, Applicant vs. BOB JAHNS ROOFING, INC.; UNITED WISCONSIN INSURANCE COMPANY, Administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ15313921
Decision date
Jul 25, 2022
District office
Oakland
WCJ
—
Claim administrator
Next Level Administrators (administering for United Wisconsin Insurance Company)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5904CCR §10955

Summary

Applicant Hilario Hernandez worked for Bob Jahns Roofing, Inc., insured by United Wisconsin Insurance Company and administered by Next Level Administrators. The petitioner filed a Petition for Reconsideration/Removal challenging a WCJ decision that contained both a final (threshold) finding and an interlocutory finding/order. The Appeals Board determined that although the decision resolved a threshold issue (making it final and subject to reconsideration), the petitioner only challenged an interlocutory finding, so the removal standard applied. Applying that standard, the Board found no showing of significant prejudice or irreparable harm and concluded reconsideration would be an adequate remedy. 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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