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PanelDismissed

Rey Villasenor — ADJ12374692

REY VILLASENOR (Deceased), Applicant vs. UNIVERSITY OF CALIFORNIA IRVINE MEDICAL CENTER, Permissibly Self-Insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ12374692
Decision date: Sep 6, 2021
District office: Santa Ana
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for University of California Irvine Medical Center, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant (deceased), through his guardian ad litem, filed a Petition for Reconsideration challenging the WCJ's June 16, 2021 Findings of Fact in a death claim against University of California Irvine Medical Center, permissibly self-insured and administered by Sedgwick. The Appeals Board determined that the WCJ's decision resolved only an intermediate procedural issue and did not determine any substantive right, liability, or threshold issue. Because the decision was not 'final,' the Board dismissed the petition to the extent it sought reconsideration. The Board then treated the petition as a Petition for Removal and denied removal, finding the petitioner failed to show substantial prejudice or irreparable harm. The petition was dismissed and removal was denied.

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.

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.