WCPanelIQ
PanelDenied

Puente, Carolina

CAROLINA PUENTE, Applicant vs. S&S COASTAL FOODS LLC, dba JACK IN THE BOX; UNITED WISCONSIN INSURANCE, administered by NEXT LEVEL, Defendants

ADJ number
ADJ16835373
Decision date
Oct 29, 2025
District office
Los Angeles District Office
WCJ
—
Claim administrator
Next Level (administrator for United Wisconsin Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, PAUL F. KELLY, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Carolina Puente filed a petition for removal challenging discovery orders issued July 23, 2025, by the WCJ, contending that discovery should include cross-examination (deposition) of the evaluator, which was not included in the discovery order. The Appeals Board, noting removal is an extraordinary remedy, found applicant failed to demonstrate substantial prejudice or irreparable harm or that reconsideration would be an inadequate remedy. The Board reasoned that once the parties proceed to trial, they will have the opportunity to create a record, raise all relevant issues, and request further development of the record, including resubmitting the request to depose the evaluator. The Board made no judgment on whether additional discovery was warranted, citing the absence of a formal 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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