WCPanelIQ
PanelDenied

Luviano, Rosas, Perla

PERLA LUVIANO ROSAS, Applicant vs. DIANA’S MEXICAN FOOD PRODUCTS, INC., permissibly self-insured, adjusted by LWP CLAIMS, Defendants

ADJ number
ADJ18031140
Decision date
Jul 2, 2025
District office
Los Angeles
WCJ
—
Claim administrator
LWP Claims
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10945CCR §10761

Summary

Applicant Perla Luviano Rosas filed a petition for removal challenging the WCJ's July 3, 2025 order setting the matter for trial, arguing that discovery was not yet complete. The defendant filed an answer (which improperly included attachments in violation of WCAB Rule 10945(c)), and the WCJ filed a Report recommending denial. The Appeals Board denied removal, finding that applicant failed to show substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board noted that at trial the parties would have the opportunity to create a record, raise all relevant issues, and argue whether further development of the record is appropriate.

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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