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PanelDenied

Anabel Cruz Antonio — ADJ11544175

ANABEL CRUZ ANTONIO, Applicant vs. CAL CENTRAL HARVESTING, INC.; STAR INSURANCE, administered by MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ11544175
Decision date: Sep 13, 2021
District office: Oxnard
WCJ: —
Claim administrator: Meadowbrook Insurance Group (administering for Star Insurance)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5701CCR §10843CCR §10955

Summary

Applicant Anabel Cruz Antonio filed a Petition for Removal challenging the WCJ's decision to develop the medical record. The WCAB, en banc panel led by Chair Zalewski, reviewed the petition and the WCJ's report. The Board reaffirmed that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that reconsideration would not be an adequate remedy. Finding that the WCJ acted within his discretion to develop the medical record under Labor Code section 5701 given the lack of substantiality in the current record, the Board 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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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.