WCPanelIQ
PanelDismissed

Miguel Contreras — ADJ14628369

MIGUEL CONTRERAS, Applicant vs. SHIFT TECHNOLOGIES, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ14628369
Decision date
Jan 9, 2022
District office
San Francisco
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10515CCR §10945CCR §10955

Summary

Defendant Shift Technologies and Liberty Mutual filed a Petition for Reconsideration and Removal challenging the WCJ's October 24, 2021 order that set the matter for trial and denied defendant's request for additional discovery. The Board held that the order was a non-final, intermediate procedural and discovery order that did not determine any substantive right, liability, or threshold issue, and therefore dismissed the petition to the extent it sought reconsideration. The Board denied the petition to the extent it sought removal, finding no showing of substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board also admonished defense attorney Enrique Munoz of Littler Mendelson for filing a petition from a clearly non-final order and for attaching exhibits never admitted into evidence, warning that future noncompliance could result in sanctions.

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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