WCPanelIQ
PanelDismissed

Alicia Millan De Pulido — ADJ13306324

ALICIA MILLAN DE PULIDO, Applicant vs. TWM INDUSTRIES, DBA CARL’S JR.; AMERICAN HOME ASSURANCE CO.; AIG CLAIMS, INC., Defendants

ADJ number
ADJ13306324
Decision date
Mar 4, 2021
District office
Fresno
WCJ
—
Claim administrator
AIG Claims, Inc. (administering for American Home Assurance Co.)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10843CCR §10955CCR §10490CCR §10515

Summary

Defendant TWM Industries (dba Carl's Jr.) sought reconsideration of the WCJ's December 30, 2020 order denying its Petition to Dismiss. The Appeals Board held that the order denying the Petition to Dismiss was an intermediate procedural order that does not determine any substantive right, liability, or threshold issue, and therefore is not a 'final' order subject to reconsideration. The Board dismissed the petition to the extent it sought reconsideration and treated it as a petition for removal, which it denied because the petitioner failed to show substantial prejudice or irreparable harm. The Board further noted that the relief defendant sought via its petition to dismiss was tantamount to summary judgment, which is not permitted in workers' compensation proceedings.

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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