Brenda Espinoza — ADJ12801649

Defendant U.S. Foods Inc., through Sedgwick on behalf of ACE American Insurance Company, filed three Petitions for Removal in approximately one month challenging a series of WCJ orders, including a Minute Order taking the matter off calendar and orders concerning amending the MOH and setting hearings. As to the first two Petitions, the WCJ exercised her authority under WCAB Rule 10955(d) to rescind orders and take corrective action within 15 days, deeming those Petitions automatically dismissed. As to the third Petition challenging the April 13, 2021 order setting the matter for a mandatory settlement conference, the Board denied removal, finding no showing of significant prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board cautioned defendant against multiple repetitive filings and warned of potential sanctions under Labor Code section 5813. The matter remained set for a mandatory settlement conference on June 2, 2021.