WCPanelIQ
PanelDismissed

Maria Elizarraraz — ADJ11006885

MARIA ELIZARRARAZ, Applicant vs. THE NEIL JONES FOOD COMPANY; SAFETY NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ11006885
Decision date
Dec 12, 2021
District office
Salinas
WCJ
—
Claim administrator
Safety National Insurance Company
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Maria Elizarraraz filed a combined Petition for Reconsideration and Removal challenging the WCJ's September 17, 2021 Order Vacating Submission and Order to Develop the Record. The Board determined that the order was solely an intermediate procedural order that did not determine any substantive right or liability, nor any threshold issue fundamental to the claim. Because reconsideration may only be taken from a final order, the Board dismissed the petition to the extent it sought reconsideration. The Board also denied the petition to the extent it sought removal, finding the petitioner failed to show substantial prejudice or irreparable harm and that reconsideration would be an inadequate remedy. The result was dismissal of the reconsideration petition and denial of the removal petition.

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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