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PanelGranted in Part

Gonzalo Cedillo Lopez — ADJ11002814, ADJ11003667

GONZALO CEDILLO LOPEZ, Applicant vs. BRIGHTVIEW AND CHUBB, administered by ESIS; CLEARY BROTHERS LANDSCAPE, CYPRESS INS. CO., C/O BHHC, Defendants

ADJ number: ADJ11002814, ADJ11003667
Decision date: Mar 8, 2022
District office: Oakland
WCJ: —
Claim administrator: ESIS (administering Brightview and Chubb); BHHC (administering Cypress Ins. Co. for Cleary Brothers Landscape)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5900LC §5902LC §5903

Summary

Defendant filed a Petition for Reconsideration, or alternatively for Removal, challenging the WCJ's July 13, 2021 Order Changing Administrators. The Board had previously granted reconsideration to study the issues. On further review, the Board determined that the Order Changing Administrators was an intermediate procedural order that did not determine any substantive right, liability, or threshold issue, and thus was not a 'final' order subject to reconsideration. The Board vacated its prior grant of reconsideration, dismissed the petition for reconsideration, granted removal based on a showing of significant prejudice or irreparable harm, rescinded the order changing administrators, and returned the matters to the trial level for further proceedings.

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.