WCPanelIQ
PanelDenied

Miguel Borja — ADJ13268383, ADJ13268387

MIGUEL BORJA, Applicant vs. SHIMTECH INDUSTRIES US INC. dba LAMSCO WEST; TRAVELERS PROPERTY CASUALTY CO. OF AMERICA, Defendants

ADJ number
ADJ13268383, ADJ13268387
Decision date
Sep 15, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Travelers Property Casualty Co. of America
Commissioners
DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
CCR §10843CCR §10955

Summary

Applicant Miguel Borja filed a Petition for Removal in his consolidated cases against Shimtech Industries (dba Lamsco West), insured by Travelers Property Casualty Co. of America. The WCAB considered the petition along with the WCJ's report and recommendation. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and that reconsideration would not be an adequate remedy. Finding the petitioner failed to make this showing, the Board denied 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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