WCPanelIQ
PanelDenied

Moriah Pham — ADJ13445576

MORIAH PHAM, Applicant vs. RECON INDUSTRIES INC and EVEREST NATIONAL INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ13445576
Decision date
Jun 14, 2022
District office
Santa Ana
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for Everest National Insurance Company)
Commissioners
KATHERINE ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5502CCR §10955CCR §10785CCR §10955(a)CCR §10785(b)

Summary

Pro per applicant Moriah Pham failed to appear at the February 23, 2022 status conference. On March 2, 2022, the WCJ denied defendant's request to set the matter for trial, instead setting a further status conference and requesting an inquiry into the applicant's whereabouts, reasoning it was premature to set trial because discovery completeness could not be confirmed. Defendant sought removal, arguing the WCJ granted a continuance at the request of applicant's former counsel (a non-party) while denying defendant's trial request. The Appeals Board denied removal, finding defendant failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy from any later adverse final decision.

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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