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PanelDismissed

Martinez Zavala, Esmeralda

ESMERALDA MARTINEZ ZAVALA, Applicant vs. WKS RESTAURANT GROUP; ARCH INSURANCE COMPANY administered by Sedgwick Claims Management Services, Defendants

ADJ number: ADJ19582218
Decision date: Nov 13, 2025
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering Arch Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903LC §5813CCR §10843CCR §10955

Summary

Defendant WKS Restaurant Group, insured by Arch Insurance Company administered by Sedgwick, filed a combined Petition for Reconsideration and Petition for Removal challenging a WCJ's September 4, 2025 Minute Order taking the matter off calendar. The Appeals Board first confirmed it acted timely under amended Labor Code section 5909, as the case was transmitted September 15, 2025 and the decision issued by November 14, 2025. The Board held that the off-calendar Minute Order was an interlocutory, non-final order from which reconsideration cannot be taken, so it dismissed the reconsideration petition. It denied removal because defendant failed to show substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board admonished defense counsel Jimmy Blalock for improperly seeking reconsideration from a clearly non-final order, warning of possible sanctions 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.