WCPanelIQ
PanelDenied

Marvin Stovall O&o Denying Pet. For Removal — ADJ10010283, ADJ9334624, ADJ14068278

MARVIN STOVALL, Applicant vs. SOUTHERN CALIFORNIA GAS COMPANY, Defendant

ADJ number
ADJ10010283, ADJ9334624, ADJ14068278
Decision date
Jul 11, 2021
District office
Marina del Rey
WCJ
—
Claim administrator
Southern California Gas Company (self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10843CCR §10955

Summary

The WCJ issued separate Minute Orders taking three consolidated matters off calendar on April 8, 2021. Defendant Southern California Gas Company sought removal, but the EAMS submission filed on May 3, 2021 contained only a cover letter, leading the WCJ to report that no Petition for Removal had been filed. Defendant later submitted proof (a May 3, 2021 petition, proof of service, and EAMS eform with a batch ID) demonstrating the petition was timely filed. Although the Board found the petition timely (contrary to the WCJ), it denied removal because defendant failed to show substantial prejudice or irreparable harm and failed to demonstrate that reconsideration would be an inadequate remedy. The Petition for 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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