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PanelGranted

Elizabeth Gallegos — ADJ13970706

ELIZABETH GALLEGOS, Applicant vs. NATIONAL MENTOR HOLDINGS; AMERICAN HOME ASSURANCE, administered by SEDGWICK, Defendants

ADJ number: ADJ13970706
Decision date: Feb 3, 2022
District office: Santa Barbara
WCJ: Seiden
Claim administrator: Sedgwick (administering for American Home Assurance)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: multiple body parts

CCR §10788CCR §10955

Summary

Defendant sought removal of a September 9, 2021 Minute Order in which WCJ Seiden denied defendant's Petition for Automatic Reassignment under WCAB Rule 10788, finding defendant waived reassignment by appearing at a prior March 25, 2021 expedited hearing without requesting reassignment. Defendant argued, under penalty of perjury, that it never received a Notice of Hearing for the March 25, 2021 hearing and only appeared voluntarily to take the matter off calendar, a fact corroborated by EAMS service records. The Appeals Board analyzed Rule 10788's three subdivisions and concluded that no provision was triggered at the March 25 hearing: no witnesses were sworn (subd. (a)), defendant received no written notice (subd. (c)), and an expedited hearing is not among the proceedings listed in subdivision (b) requiring an immediate oral motion. The Board emphasized its narrow holding and the absence of any gamesmanship by defendant. The Board granted the Petition for Removal, rescinded the Minute Order, and returned the matter to the trial level for reassignment to a new WCJ.

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.