WCPanelIQ
PanelDismissed

Daniel Torres — ADJ11453208

DANIEL TORRES, Applicant vs. EEC INTERNATIONAL, INC.; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ11453208
Decision date
Nov 7, 2021
District office
Pomona
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Daniel Torres filed a Petition for Reconsideration challenging the WCJ's August 23, 2021 Findings of Fact in a claim against EEC International, Inc. and the Uninsured Employers Benefits Trust Fund. The Appeals Board determined the Findings of Fact was not a 'final' order because it neither determined a substantive right or liability nor resolved a threshold issue fundamental to the claim. Accordingly, the Board dismissed the petition to the extent it sought reconsideration. The Board then treated the petition as one seeking removal and denied it, finding no showing of substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if an adverse final decision later issued.

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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