WCPanelIQ
PanelDenied

Flowers, Allan

ALLAN FLOWERS, Applicant vs. SELECT STAFFING; XL INSURANCE AMERICAN, INC., administered by BROADSPIRE, Defendants

ADJ number
ADJ11754124
Decision date
Nov 6, 2025
District office
Pomona
WCJ
—
Claim administrator
Broadspire (administering for XL Insurance American, Inc.)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG L. SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5313LC §5903LC §5952CCR §10955CCR §10761

Summary

Applicant Allan Flowers filed a petition for removal from a WCJ's June 11, 2025 order setting the matter for trial, arguing that discovery was not yet complete. Defendant filed no answer, and the WCJ filed a Report recommending denial. The Appeals Board denied removal, finding that applicant failed to demonstrate substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy. The Board noted that applicant's argument—that the matter should be returned for a hearing so applicant could create a record—was frivolous and self-contradicting, since a hearing is precisely what the order being challenged provided. The Board emphasized that the trial process would give applicant the opportunity to raise the issue of further development of the record.

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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