WCPanelIQ
PanelDismissed

Amgad Saad — ADJ12427002, ADJ12427001

AMGAD SAAD, Applicant vs. WESTERN REFINING RETAIL, LLC DBA SHELL GAS STATION; ANABI OIL CORPORATION; OLD REPUBLIC INSURANCE COMPANY; GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ12427002, ADJ12427001
Decision date
May 12, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc.; Old Republic Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5902LC §5903LC §5813CCR §10843CCR §10955

Summary

Defendant filed a combined Petition for Reconsideration/Removal challenging the WCJ's March 1, 2022 Minute Order setting the matter for trial. The Appeals Board held that the Minute Order was not a 'final' order and therefore could not support a petition for reconsideration, dismissing that portion of the petition. The Board also denied removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy after a final decision. The Board specifically admonished defense counsel for improperly filing a petition for reconsideration from a clearly non-final order, warning that such conduct may be sanctionable under Labor Code section 5813.

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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