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PanelDenied

Orlando Antonio Merreli Garcia — ADJ12125756

ORLANDO ANTONIO MERRELI GARCIA, Applicant vs. EAC EXCAVATION AND GRADING; STATE COMPENSATION INSURANCE FUND, BERKSHIRE HATHAWAY; GUARD INSURANCE COMPANIES, Defendants

ADJ number: ADJ12125756
Decision date: Apr 22, 2021
District office: San Bernardino
WCJ: —
Claim administrator: State Compensation Insurance Fund; Berkshire Hathaway / Guard Insurance Companies
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

CCR §10843CCR §10955

Summary

Applicant Orlando Antonio Merreli Garcia, through the Law Offices of Jon M. Woods, filed a Petition for Removal in a consolidated workers' compensation matter against EAC Excavation and Grading, with State Compensation Insurance Fund and Berkshire Hathaway/Guard Insurance Companies as defendants. The Appeals Board considered the petition along with the WCJ's report addressing the merits of the petitioner's arguments. The Board reaffirmed that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm and that reconsideration would be inadequate. Finding that the petitioner failed to meet this burden, 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.