WCPanelIQ
PanelDenied

Elias Rodriguez — ADJ12221758, ADJ12221759

ELIAS RODRIGUEZ, Applicant vs. ALTMAN SPECIALTY PLANTS, INC., TRAVELERS, Defendants

ADJ number
ADJ12221758, ADJ12221759
Decision date
Mar 29, 2021
District office
Riverside
WCJ
—
Claim administrator
Travelers
Commissioners
CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
CCR §10843CCR §10955

Summary

Applicant Elias Rodriguez filed a Petition for Removal challenging a WCJ's determination, apparently relating to a request for continuance and further discovery. The Appeals Board considered the petition along with the WCJ's report on the merits. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and where reconsideration would be an inadequate remedy. Finding neither standard met, the Board denied removal, noting the applicant could raise the continuance and discovery requests with the trial judge, who retains discretion to determine trial readiness or the need to develop the record.

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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