WCPanelIQ
PanelDismissed

Maria Mendez — ADJ12590881

MARIA M. MENDEZ, Applicant vs. PROGRESSIVE PRODUCE; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ12590881
Decision date
Feb 28, 2021
District office
Marina del Rey District Office
WCJ
—
Claim administrator
Zurich North America
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Applicant Maria Mendez filed a Petition for Reconsideration challenging the WCJ's December 16, 2020 Order Denying her Petition for Change of Venue. The WCAB held that the venue order was an intermediate procedural order that did not determine any substantive right, liability, or threshold issue, and was therefore not a 'final' order subject to reconsideration. The Board accordingly dismissed the petition to the extent it sought reconsideration and treated it instead as a petition for removal. Applying the standard for removal, the Board found applicant failed to show substantial prejudice or irreparable harm, and denied removal based on the WCJ's analysis of the merits.

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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