WCPanelIQ
PanelDenied

Michael Blackwell — ADJ15405635

MICHAEL BLACKWELL, Applicant vs. CURCIO ENTERPRISES, INC.; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ15405635
Decision date
May 5, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
LC §5904CCR §10955

Summary

Applicant Michael Blackwell filed a Petition for Removal challenging a WCJ decision in his claim against Curcio Enterprises, Inc., insured by Insurance Company of the West. The WCJ's decision contained both a threshold (final) finding and an interlocutory finding, but the petitioner only challenged the interlocutory portion. The Appeals Board treated the petition as one seeking reconsideration because the decision resolved a threshold issue, but applied the removal standard to its review since only an interlocutory finding was challenged. The Board concluded that the petitioner failed to demonstrate significant prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Petition was denied.

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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