WCPanelIQ
PanelDenied

Castro, Jose Manual

JOSE MANUEL CASTRO, Applicant vs. FABRICA INTERNATION, dba THE DIXIE GROUP, INC., permissibly self-insured, administered by LWP CLAIMS, Defendants

ADJ number
ADJ13830169
Decision date
Oct 23, 2025
District office
Santa Ana
WCJ
—
Claim administrator
LWP Claims
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Defendant Fabrica International, dba The Dixie Group, Inc. (permissibly self-insured, administered by LWP Claims) filed a Petition for Removal challenging the WCJ's June 10, 2025 order setting the matter for trial, after the WCJ issued a verbal order denying defendant's petition for consolidation. Defendant contended that consolidation was warranted. The Appeals Board considered the petition and the WCJ's Report and Recommendation, which recommended denial. The Board held that removal is an extraordinary remedy and that defendant failed to show substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board denied removal, noting the parties would have the opportunity to raise the consolidation issue and develop a record at trial.

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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