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PanelDenied

Kimberly Walters — ADJ13690308

KIMBERLY WALTERS, Applicant vs. MAGID ANWAR DVM, INC., a California Corporation doing business as VICTORIA ANIMAL HOSPITAL; PREFERRED EMPLOYERS INSURANCE COMPANY, Defendants

ADJ number: ADJ13690308
Decision date: Sep 2, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Preferred Employers Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

LC §5903LC §5952LC §5001CCR §10843CCR §10955CCR §10882CCR §10700

Summary

Applicant Kimberly Walters filed a Petition for Removal challenging an interlocutory action by the WCJ in a claim involving Magid Anwar DVM, Inc. (dba Victoria Animal Hospital) and Preferred Employers Insurance Company. The Appeals Board considered the petition's allegations and the WCJ's report on the merits. The Board reiterated 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 petitioner failed to make this showing, the Board denied the Petition for Removal. The decision also referenced the WCJ's duty to inquire into the adequacy of compromise and release agreements.

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.

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.