WCPanelIQ
PanelDismissed

Lillian Torres — ADJ10065073

LILLIAN TORRES, Applicant vs. ROBERT FERGUSON DDS; EMPLOYER’S PREFERRED INSURANCE CO., Defendant

ADJ number
ADJ10065073
Decision date
Jun 23, 2021
District office
San Jose
WCJ
—
Claim administrator
Employer's Preferred Insurance Co.
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Summary

Applicant Lillian Torres sustained an industrial claim against Robert Ferguson DDS, insured by Employer's Preferred Insurance Co. Defendant filed a Petition for Removal in connection with a request for an in-person trial. The Board found that no non-final order subject to removal had been issued regarding the in-person trial request, meaning defendant was not aggrieved. The Board dismissed the Petition for Removal and directed the case to proceed to trial set for July 15, 2021, where the trial judge could consider defendant's request in light of Gao v. Chevron (2021) 86 Cal.Comp.Cases 44.

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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