WCPanelIQ
PanelDenied

Leyva Torres, Maria A

MARIA A LEYVA TORRES, Applicant vs. ESPARZA ENTERPRISES, INC., permissibly self-insured, administered by PACIFIC CLAIMS MANAGEMENT, Defendants

ADJ number
ADJ19549540
Decision date
Oct 21, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Pacific Claims Management
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER
LC §3600LC §5903LC §5952LC §5313CCR §10955CCR §10787CCR §10761

Summary

Defendant Esparza Enterprises, Inc., permissibly self-insured and administered by Pacific Claims Management, filed a petition for removal challenging a June 16, 2025 order taking the matter off calendar. Defendant argued it should be permitted to proceed on its affirmative post-termination defense under Labor Code section 3600(a)(10) before obtaining a medical evaluation of applicant's injury. The WCJ declined to bifurcate the section 3600(a)(10) issue and recommended denial of removal. The Appeals Board, finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy, denied the petition for removal, agreeing the WCJ properly exercised discretion in declining to bifurcate.

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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