WCPanelIQ
PanelDenied

Padilla, Juan

JUAN PADILLA, Applicant vs. LANDRY’S MCCORMICK & KULETO’S SEAFOOD RESTAURANT; STARR INDEMNITY & LIABILITY COMPANY, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ20803692
Decision date
Jul 20, 2025
District office
Van Nuys
WCJ
—
Claim administrator
CorVel Corporation (administering for Starr Indemnity & Liability Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, PAUL F. KELLY, COMMISSIONER
CCR §10955

Summary

Applicant Juan Padilla filed a petition for removal from a July 21, 2025 order taking the matter off calendar, issued by the WCJ at the Van Nuys District Office. Applicant contended the matter should have proceeded to an expedited hearing in defendant's absence. The WCAB applied the standard for removal, which requires a showing of substantial prejudice or irreparable harm and that reconsideration would not be an adequate remedy. The Board adopted the WCJ's Report and was not persuaded that those standards were met. Notably, defendant had recently filed a notice of representation listing the correct claims administrator, and the Board encouraged the parties to coordinate in good faith. Removal was denied.

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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