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Lesis Choc — ADJ14481521

LESIS CHOC, Applicant vs. GKR RESTAURANTS, INC.; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ14481521
Decision date: Oct 28, 2021
District office: Los Angeles
WCJ: —
Claim administrator: Insurance Company of the West
Commissioners: CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §4060LC §4062.2LC §5900LC §5903LC §5904CCR §10507CCR §10605CCR §10508CCR §10600CCR §10843CCR §10955

Summary

Applicant Lesis Choc filed a Petition for Reconsideration, or alternatively for Removal, challenging a WCJ decision that included a finding on employment, a threshold issue. The Board found the petition timely (contrary to the WCJ), explaining that 25 days plus weekend/holiday extension applied, making the August 30, 2021 filing timely from the August 3, 2021 decision. Because the petition only challenged an interlocutory finding/order (relating to a QME panel request via claim delay notice), the Board applied the removal standard rather than the reconsideration standard. The Board found no significant prejudice or irreparable harm and that reconsideration would be an adequate remedy, and noted that under Chavarria, either party may use a claim delay notice to request a QME panel. The Petition 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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.