WCPanelIQ
PanelDenied

Nancy McSwain — ADJ9568476

NANCY MCSWAIN, Applicant vs. QUEEN OF THE VALLEY HOSPITAL; permissibly self-insured, Defendant

ADJ number
ADJ9568476
Decision date
Jul 19, 2021
District office
Santa Rosa
WCJ
—
Claim administrator
Queen of the Valley Hospital (permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER
CCR §10843CCR §10955

Summary

Defendant Queen of the Valley Hospital, permissibly self-insured, filed a Petition for Removal challenging proceedings in the case of applicant Nancy McSwain. The defendant raised concerns about delays in the case and a perceived lack of urgency by the applicant and/or applicant's attorney. The Appeals Board reviewed the petition alongside the WCJ's report and analysis. The Board found that the defendant failed to demonstrate substantial prejudice or irreparable harm that would result if removal were denied, and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board denied the Petition for Removal but acknowledged the defendant's concerns about delays and encouraged the parties to act diligently to bring the case to 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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