WCPanelIQ
PanelDismissed

Yesenia Carolina Menjivar Cortez — ADJ14385814

YESENIA CAROLINA MENJIVAR CORTEZ, Applicant vs. BARRETT BUSINESS SERVICES, INC.; ACE AMERICAN INSURANCE, Defendants

ADJ number
ADJ14385814
Decision date
Jun 15, 2021
District office
Anaheim District Office
WCJ
—
Claim administrator
ACE American Insurance
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5900LC §5902LC §5903CCR §10848CCR §10964CCR §10843CCR §10955CCR §10490CCR §10515

Summary

Defendant Barrett Business Services, Inc. and ACE American Insurance filed a Petition for Reconsideration challenging the WCJ's April 23, 2021 Order Denying defendant's Petition to Dismiss. The Board found that the order denying the petition to dismiss was solely an intermediate procedural order that did not determine any substantive right, liability, or threshold issue, and therefore was not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and, treating it as a petition for removal, denied removal because defendant failed to show substantial prejudice or irreparable harm. The Board also rejected defendant's supplemental pleading and noted that the relief sought (a petition to dismiss) was tantamount to an impermissible request for summary judgment, which is not allowed in workers' compensation proceedings.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.