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PanelDenied

Lillian Torres — ADJ10065073, ADJ10067990

LILLIAN TORRES, Applicant vs. ANTHONY VITARELLI, DDS; THE DENTIST INSURANCE COMPANY; administered by SEDGWICK CLAIMS MANAGEMENT, and ROBERT FERGUSON, DDS; insured by EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number: ADJ10065073, ADJ10067990
Decision date: Feb 17, 2022
District office: San Jose
WCJ: —
Claim administrator: Sedgwick Claims Management (administering for The Dentist Insurance Company); Employers Preferred Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5904CCR §10955

Summary

Applicant Lillian Torres filed a Petition for Removal challenging a WCJ's decision in consolidated cases involving two dental employers. The Board determined that the WCJ's decision resolved threshold issues, making it a 'final' decision subject to reconsideration rather than removal. However, because the petitioner challenged only an interlocutory finding, the Board applied the removal standard to its review. The Board found that the petitioner failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board denied the petition and declined to impose sanctions, though it left open the possibility of the WCJ considering sanctions at the trial level.

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.

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.