WCPanelIQ
PanelDenied

Ruben Saucedo — ADJ14248557

RUBEN SAUCEDO, Applicant vs. HMC FRESH FOODS, LLC; ZENITH, Defendants

ADJ number
ADJ14248557
Decision date
Jan 13, 2022
District office
Fresno
WCJ
—
Claim administrator
Zenith
Commissioners
DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
CCR §10955

Summary

Applicant Ruben Saucedo filed a Petition for Removal in his workers' compensation case against HMC Fresh Foods, LLC, insured by Zenith. The WCAB considered the petition's allegations alongside the WCJ's report addressing the merits of petitioner's arguments. Applying the standard that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, the Board found petitioner failed to make that showing. The Board concluded 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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