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PanelDismissed

Fernando Murillo Tapia — ADJ10913544, ADJ10913545

FERNANDO MURILLO TAPIA, Applicant vs. CPC LOGISTICS LLC and ACE AMERICAN INSURANCE COMPANY; administered by CANNON COCHRAN MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ10913544, ADJ10913545
Decision date: Aug 3, 2021
District office: Sacramento
WCJ: —
Claim administrator: Cannon Cochran Management Services, Inc. (administering ACE American Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

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

Summary

Defendant CPC Logistics LLC filed a Petition for Reconsideration challenging the WCAB's May 10, 2021 Opinion and Decision After Reconsideration. The Board determined that the May 10, 2021 decision did not determine any substantive right or liability and did not resolve a threshold issue fundamental to the claim, and was therefore not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and treated it as a Petition for Removal. Applying the removal standard, the Board found defendant failed to show substantial prejudice or irreparable harm and failed to demonstrate that reconsideration would be an inadequate remedy. The petition was dismissed as to reconsideration 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.