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PanelGranted in Part

Gomez, Edith

EDITH GOMEZ, Applicant vs. GARFIELD BEACH CVS, LLC; INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ17808664
Decision date: Sep 23, 2024
District office: Marina del Rey District Office
WCJ: —
Claim administrator: Indemnity Insurance Company of North America
Commissioners: CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §5903CCR §10961CCR §10955CCR §10962CCR §10745

Summary

Defendant Garfield Beach CVS, LLC and its insurer filed a Petition for Removal challenging a WCJ's Order Rescinding Decision, Vacating Submission and Resetting for Trial. The Appeals Board agreed with the WCJ that the rescission of the original Findings and Order was a non-final order, meaning the defendant could not demonstrate the substantial prejudice or irreparable harm required for removal. However, the Board granted removal in part to rescind the trial-setting portion of the order, finding it prudent to set the matter for a status conference under WCAB Rule 10961 before returning it to the trial calendar. This would allow the parties to address issues relating to resubmission of the decision on the existing record. The defendant's arguments on the merits were deemed premature, as either party may file an appropriate petition once a new decision issues.

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.