WCPanelIQ
PanelDenied

Thomas Horton — ADJ12163392

THOMAS HORTON, Applicant vs. PACIFIC SKY SUPPLY INC.; FEDERAL INSURANCE COMPANY ADMINISTERED BY CHUBB GROUP INSURANCE COMPANIES, Defendants

ADJ number
ADJ12163392
Decision date
Sep 1, 2021
District office
Marina del Rey
WCJ
—
Claim administrator
Chubb Group Insurance Companies (administering Federal Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
CCR §10843CCR §10955

Summary

Applicant Thomas Horton filed a Petition for Removal challenging a workers' compensation administrative law judge's (WCJ) interlocutory determination. The Appeals Board considered the petition's allegations together with the WCJ's report on the merits. The Board reaffirmed that removal is an extraordinary remedy granted only where a petitioner demonstrates substantial prejudice or irreparable harm and that reconsideration would be an inadequate remedy. Finding that the petitioner failed to make this showing, the Board denied removal. The Board noted that applicant may raise the issue of further development of the record with the trial judge.

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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