WCPanelIQ
PanelMed-legalDenied

Cheryl Taylor — ADJ13416542

CHERYL TAYLOR, Applicant vs. SUTTER VISITING NURSES ASSOCIATION & HOSPICE DBA SCAH, Permissibly Self-Insured, Defendants

ADJ number
ADJ13416542
Decision date
Dec 30, 2021
District office
Salinas
WCJ
—
Claim administrator
Sutter Visiting Nurses Association & Hospice DBA SCAH (Permissibly Self-Insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10843CCR §10955

Summary

Cheryl Taylor filed a Petition for Removal challenging a WCJ's order, following a December 6, 2021 mandatory settlement conference at which the matter was set for trial on the issue of adequacy of medical-legal reporting. The Appeals Board considered the petition and the WCJ's report and found that the petitioner failed to demonstrate substantial prejudice or irreparable harm if removal were denied. The Board also noted that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board concluded the trial should proceed so the trial judge could consider the appropriateness of the medical-legal reporting and the questions raised by the WCJ, with defendant retaining the opportunity to raise further development of the 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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