WCPanelIQ
PanelQMEDenied

Jorge Nava — ADJ10608420, ADJ10608421

JORGE NAVA, Applicant vs. SAN MIGUEL PRODUCE; ZENITH INSURANCE CO., Defendants

ADJ number
ADJ10608420, ADJ10608421
Decision date
Feb 7, 2021
District office
Oxnard
WCJ
—
Claim administrator
Zenith Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: lumbar spine

LC §5803LC §5904CCR §10955CCR §10966

Summary

Zenith Insurance Company sought removal or, alternatively, reconsideration of a November 18, 2020 minute order in which the WCJ resubmitted the consolidated cases but allowed a supplemental report if generated within 30 days. Before the petition was filed, the WCJ issued a December 1, 2020 'Order Vacating Submission and Referral to the Disability Evaluation Unit,' which rendered the challenged minute order moot. The Board treated the petition as one for removal because the Order and Referral to DEU did not resolve any threshold issue. The Board found defendant failed to show irreparable harm, since the case remained unsubmitted and the WCJ had not acted on any DEU rating. The Board dismissed reconsideration and denied removal, while noting potential Hamilton concerns regarding the WCJ's unexplained 'good cause' finding.

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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