Lei Zhang — ADJ12631604

Defendant Y & Z Inc. (Nozawa Sushi & Hibachi) and Markel Insurance petitioned for removal based on a theory that the WCAB requires jurisdiction over both the employer and the employer's insurer to act. The Board found the petition improperly functioned as a demurrer (prohibited under Rule 10515), relied on exhibits not in evidence, and failed to demonstrate the substantial prejudice or irreparable harm necessary for the extraordinary remedy of removal. The Board confirmed the WCAB has jurisdiction over Markel and that Markel did not seek reconsideration of the jurisdiction decision. To the extent Markel disputes insurance coverage, the Board noted that dispute is subject to mandatory arbitration under Labor Code section 5275 and Markel may file a new petition for arbitration. The Petition for Removal was denied.