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PanelDismissed

Mariam Dolmajian — ADJ14502172

MARIAM DOLMAJIAN, Applicant vs. DOORDASH, INC.; BLUE STAR CLAIMS, LLC, Defendants

ADJ number: ADJ14502172
Decision date: Jan 5, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Blue Star Claims, LLC
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5313LC §5903LC §5952CCR §10955CCR §10530

Summary

DoorDash, Inc. and its TPA Blue Star Claims sought removal of an October 26, 2021 Minutes of Hearing and Order that set the case for a priority conference and ordered defendant to complete and file a joint pre-trial conference statement, arguing the matter should be stayed pending appellate review of Proposition 22 and the disputed employee/independent contractor threshold issue. After the petition was filed, the WCJ amended the MOH on November 4, 2021 to remove the order requiring defendant to file the joint pre-trial conference statement, thereby resolving the harm complained of. The Board found the WCJ took action within 15 days of the petition's filing under WCAB Rule 10955(d), automatically dismissing the petition. The Board dismissed the Petition for Removal as moot and directed that defendant's separate Petition to Stay be heard on calendar to preserve the parties' due process rights.

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.

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.