WCPanelIQ
PanelDenied

Vamonica Baker — ADJ11645110, ADJ11645112

VAMONICA BAKER, Applicant vs. DEPARTMENT OF MOTOR VEHICLES, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11645110, ADJ11645112
Decision date
Dec 5, 2021
District office
Los Angeles
WCJ
—
Claim administrator
State Compensation Insurance Fund (adjusting for legally uninsured Department of Motor Vehicles)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5904CCR §10843CCR §10955

Summary

Applicant Vamonica Baker filed a Petition for Removal challenging an interlocutory finding in a WCJ's decision involving claims against the legally uninsured Department of Motor Vehicles, adjusted by State Compensation Insurance Fund. The WCJ's decision contained findings on both threshold issues (employment and AOE/COE) and interlocutory issues, making it a 'hybrid' decision. Because the petitioner challenged only an interlocutory finding, the Board applied the removal standard rather than the reconsideration standard. The Board found that the petitioner failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board denied the Petition as one seeking reconsideration.

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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