WCPanelIQ
PanelDismissed

Candace Lightsy — ADJ11337718

CANDACE LIGHTSY, Applicant vs. MENZIES AVIATION, INC.; XL SPECIALTY INSURANCE by GALLAGHER BASSETT, Defendants

ADJ number
ADJ11337718
Decision date
Oct 7, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Gallagher Bassett (TPA) for XL Specialty Insurance
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10843CCR §10955CCR §10961

Summary

Applicant Candace Lightsy filed a Petition for Reconsideration/Removal challenging the WCJ's June 28, 2021 Order Rescinding Order of Dismissal. The WCAB determined that the order was an intermediate procedural decision that did not determine any substantive right, liability, or threshold issue, and therefore was not a 'final' order from which reconsideration could be taken. To the extent the petition sought removal, the Board found no showing of substantial prejudice or irreparable harm. The Board also held the WCJ acted within his discretion in treating Applicant's June 22, 2021 Objection to Order of Dismissal as a timely Petition for Reconsideration under WCAB Rule 10961. The Board dismissed the petition for reconsideration and denied the petition for removal.

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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