WCPanelIQ
PanelDenied

Carlos Espinoza — ADJ14127412

CARLOS ESPINOZA, Applicant vs. METTLER-TOLEDO RAININ, LLC; ARCH INDEMNITY INSURANCE COMPANY, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ14127412
Decision date
Feb 21, 2022
District office
San Francisco
WCJ
—
Claim administrator
CorVel Corporation, administering for Arch Indemnity Insurance Company
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5904CCR §10955

Summary

Applicant Carlos Espinoza's employer/defendant filed a Petition for Removal challenging a WCJ's decision. The Board observed that the WCJ's decision included a finding on a threshold issue, making it a final order subject to reconsideration rather than removal. However, because the petitioner only challenged an interlocutory finding within the hybrid decision, the Board applied the removal standard to its review. Finding no showing of significant prejudice or irreparable harm and that reconsideration would be an adequate remedy, the Board denied the petition.

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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