WCPanelIQ
PanelDismissed

Miguel Aguilera — ADJ11562135

MIGUEL AGUILERA, Applicant vs. CASTREJON, INC., ET AL., Defendants

ADJ number
ADJ11562135
Decision date
Jun 6, 2021
District office
Bakersfield
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
CCR §10843CCR §10955

Summary

The WCAB previously granted removal to study the issues in Miguel Aguilera's case. The WCJ had issued a Notice of Intention to Submit (NIT) the matter for decision as of July 31, 2020. One day prior to submission, applicant filed a Petition for Removal seeking to withdraw the intention to submit and conduct further discovery. The Board held that a notice of intention to submit a matter for decision is neither a final nor non-final order subject to reconsideration or removal, and therefore applicant was not aggrieved. The Board vacated its prior grant of removal and dismissed the petition, noting that even on the merits, removal would have been denied per the WCJ's analysis.

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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