WCPanelIQ
PanelDenied

Antonia Ibarra — ADJ11171321

ANTONIA IBARRA, Applicant vs. EXPERT COATINGS & GRAPHICS, INC./PLASTICS PAINT PRODUCTION, INC.; EMPLOYERS ASSURANCE COMPANY/EMPLOYERS COMPENSATION COMPANY; REPUBLIC UNDERWRITERS INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11171321
Decision date
Jan 25, 2022
District office
Anaheim
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for Republic Underwriters Insurance Company); Employers Compensation Company; State Compensation Insurance Fund
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
CCR §10955

Summary

Applicant Antonia Ibarra was the subject of a Petition for Removal challenging an interim ruling by the WCJ in a claim involving multiple employers and insurers. The Appeals Board considered the allegations in the petition and the WCJ's report on the merits. Applying the standard that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, the Board found the petitioner failed to make that showing. The Board also concluded that reconsideration would be an adequate remedy if a final adverse decision later issued. The Petition for Removal was denied.

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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