WCPanelIQ
PanelDismissed

Jose Alfredo Manjarrez Aka Lopez — ADJ11107711, ADJ11107891

JOSE ALFREDO MANJARREZ AKA LOPEZ, Applicant vs. RBKCTECK INC. dba MCDONALDS, INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ11107711, ADJ11107891
Decision date
Mar 25, 2021
District office
Los Angeles
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

The applicant, Jose Alfredo Manjarrez aka Lopez, filed a combined Petition for Reconsideration and Removal challenging a WCJ's decision. The Board determined that the WCJ's decision resolved only an intermediate procedural or evidentiary issue and did not determine any substantive right, liability, or threshold issue. Because the decision was not 'final' under Labor Code sections 5900(a), 5902, and 5903, the Board dismissed the petition to the extent it sought reconsideration. The Board also denied the petition to the extent it sought removal, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy if a final adverse decision later issued.

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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