WCPanelIQ
PanelDismissed

Melanie Sedano — ADJ14456607

MELANIE SEDANO, Applicant vs. OCEANITAN LLC; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ14456607
Decision date
Dec 26, 2021
District office
Los Angeles
WCJ
Holmes
Claim administrator
State Compensation Insurance Fund
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
LC §5900LC §5902LC §5903LC §5313CCR §10510CCR §10832CCR §10833CCR §10835CCR §10955CCR §10815CCR §10816CCR §10817CCR §10401CCR §10421

Summary

Applicant Melanie Sedano filed a combined Petition for Reconsideration and/or Removal seeking review of a ruling allegedly made by WCJ Holmes on October 26, 2021 denying her petition to appear remotely at an expedited hearing. WCJ Hutchison recused herself due to prior SCIF employment, and WCJ Holmes was to preside; however, both the Report and Minutes of Hearing established that no ruling on the remote appearance petition was ever actually made. Applicant filed the instant petition just before the 11:00 a.m. hearing, causing WCJ Holmes to take the case off calendar. The Board dismissed the petition as to reconsideration (because no final order existed and a remote-appearance ruling is interlocutory) and denied it as to removal (because no irreparable harm was shown where no decision was made). The Board also noted the underlying issue was moot since the hearing was taken off calendar and admonished applicant's non-attorney representative for falling short of professional conduct standards.

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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