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PanelDenied

Seth Walker — ADJ14497156

SETH WALKER, Applicant vs. MASON PAINTING, INC.; ICW PLEASANTON, Defendants

ADJ number: ADJ14497156
Decision date: Jan 13, 2022
District office: Fresno
WCJ: —
Claim administrator: ICW Pleasanton
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

CCR §10955CCR §10945

Summary

Defendant Mason Painting, Inc. and its carrier filed a Petition for Removal challenging an interlocutory ruling by the WCJ in applicant Seth Walker's claim. The Appeals Board reviewed the petition's allegations alongside the WCJ's report on the merits. The Board concluded that the petitioner failed to demonstrate substantial prejudice or irreparable harm that would justify the extraordinary remedy of removal, and that reconsideration would be an adequate remedy if an adverse final decision later issued. The Board also admonished defense counsel that a verified Petition for Removal should make offers of proof regarding evidence rather than attaching evidence not received into the record. 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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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.