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PanelDenied

Juan Olvera Medina — ADJ13943845

JUAN OLVERA MEDINA, Applicant vs. EAT SWEET FARMS, LLC; XL INSURANCE AMERICA, INC., Defendants

ADJ number: ADJ13943845
Decision date: Jul 7, 2021
District office: Salinas
WCJ: —
Claim administrator: XL Insurance America, Inc.
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5813CCR §10843CCR §10955CCR §10561CCR §10421

Summary

Defendant Eat Sweet Farms, LLC and its insurer XL Insurance America, Inc. filed a Petition for Removal challenging a Minute Order issued by the WCJ on April 28, 2021. The WCAB considered the petition, applicant's answer, and the WCJ's report. The Board found that defendant failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision issued. The Board also noted that applicant's answer and the WCJ's report indicated the petition contained misrepresentations of fact, reminding defendant of potential sanctions. The petition 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.