WCPanelIQ
PanelDenied

Manuela Balderama — ADJ9604444

MANUELA BALDERAMA, Applicant vs. DEPARTMENT OF SOCIAL SERVICES IHSS, legally uninsured and adjusted by INTERCARE HOLDINGS INSURANCE SERVICES, Defendants

ADJ number
ADJ9604444
Decision date
Jun 5, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Intercare Holdings Insurance Services
Commissioners
—
CCR §10843CCR §10955

Summary

Applicant Manuela Balderama filed a Petition for Removal in a workers' compensation matter against the legally uninsured Department of Social Services IHSS, adjusted by Intercare Holdings Insurance Services. The WCAB panel considered the petition's allegations together with the WCJ's report addressing the merits of petitioner's arguments. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and a demonstration that reconsideration would be an inadequate remedy. Finding neither showing satisfied, the Board denied the Petition for Removal. The decision also noted that a new panelist was assigned to replace former panelist Frank Brass.

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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