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PanelDenied

Roosevelt Bingham — ADJ9071271

ROOSEVELT BINGHAM, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, NORTH KERN STATE PRISON, legally uninsured, Administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9071271
Decision date: May 23, 2021
District office: Bakersfield District Office
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5952CCR §10848CCR §10964CCR §10843CCR §10955CCR §10566CCR §10600CCR §10750CCR §10787CCR §10670CCR §10803

Summary

Applicant Roosevelt Bingham filed a Petition for Removal in his workers' compensation case against the State of California, Department of Corrections & Rehabilitation (North Kern State Prison), legally uninsured and administered by State Compensation Insurance Fund. The Appeals Board accepted the petitioner's supplemental filing and considered the WCJ's report on the merits. The Board found no evidentiary record existed and noted the level of factual allegations in the pleadings was inappropriate given the absence of a record. Because petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy, the Board denied the Petition for Removal.

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.

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.