WCPanelIQ
PanelDenied

Bobbi Ray — ADJ496861, ADJ7150904

BOBBI RAY, Applicant vs. ROBERTSON’S READY MIX, Permissibly Self-Insured, Defendant

ADJ number
ADJ496861, ADJ7150904
Decision date
Nov 7, 2021
District office
Riverside District Office
WCJ
—
Claim administrator
Robertson's Ready Mix (Permissibly Self-Insured)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5904CCR §10843CCR §10955

Summary

Applicant Bobbi Ray filed a Petition denominated as one for Removal challenging a WCJ decision in a claim against permissibly self-insured Robertson's Ready Mix. The WCJ's decision included findings on the threshold issues of employment and injury arising out of and occurring in the course of employment (AOE/COE), making it a final order subject to reconsideration. However, because the petitioner only challenged an interlocutory finding within this hybrid decision, the Appeals Board applied the removal standard to its review. The Board found that the petitioner failed to demonstrate significant prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. 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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