WCPanelIQ
PanelQMEMed-legalDenied

Vladimir Tkachuk — ADJ4641101, ADJ8405277

VLADIMIR TKACHUK, Applicant vs. CRYSTAL CREAM & BUTTER; ARROWOOD INDEMNITY, Defendants

ADJ number
ADJ4641101, ADJ8405277
Decision date
Jul 19, 2022
District office
Sacramento
WCJ
—
Claim administrator
Arrowood Indemnity
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR
CCR §10955

Summary

Defendant Crystal Cream & Butter, insured by Arrowood Indemnity, sought removal challenging the WCJ's December 30, 2021 order denying its Emergency Petition to Stay a QME examination by Dr. Juan Cesar Larach and denying its motion to close discovery and set the matter for trial. The WCJ took the matter off calendar and recommended denial of the removal petition, citing the extensive case history and defendant's own lack of responsiveness as having potentially hindered discovery. The Board found defendant's arguments about applicant's lack of diligence unpersuasive, noting that defendant participated in discovery discussions at conferences on May 20, 2021 and December 30, 2021. Because defendant failed to demonstrate substantial prejudice or irreparable harm and failed to show that reconsideration would be an inadequate remedy, the Board denied the Petition for Removal.

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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