WCPanelIQ
PanelQMEMed-legalGranted

Jaramillo, Rosendo Silva

ROSENDO SILVA JARAMILLO, Applicant vs. ROBER CROSS, dba CAMINO REAL KITCHENS, INC.; SUNZ INSURANCE COMPANY, administered by NEXT LEVEL FOLSOM, Defendants

ADJ number
ADJ17350152
Decision date
Oct 7, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Next Level Folsom (administering for SUNZ Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Defendant petitioned for removal from a September 18, 2024 Finding and Order in which the WCJ found good cause to issue a replacement orthopedic surgery panel. The Appeals Board found that the WCJ's order was not supported by any formal record and that defendant had a due process right to set the replacement panel issue for trial. The Board held that the violation of defendant's due process rights constituted substantial prejudice and irreparable harm warranting removal. The Board granted removal, rescinded the Finding and Order, and returned the matter to the trial level for further proceedings, while noting that if the facts alleged in defendant's petition proved true, a replacement panel may ultimately be 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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