WCPanelIQ
PanelGranted

Fernandez Gomez, Miguel

MIGUEL FERNANDEZ GOMEZ, Applicant vs. PROFICIENT STAFFING INC.; UNITED WISCONSIN INSURANCE COMPANY, et al., Defendants

ADJ number
ADJ17009720
Decision date
Jul 9, 2025
District office
Los Angeles
WCJ
—
Claim administrator
United Wisconsin Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
CCR §10955

Summary

Applicant Miguel Fernandez Gomez filed a petition for removal from the WCJ's July 10, 2025 order setting the matter for trial, arguing that further discovery was needed. Defendant filed no answer, and the WCJ submitted a Report recommending that removal be granted, the order rescinded, and the matter returned to the trial level. The Appeals Board, applying the removal standard requiring a showing of substantial prejudice or irreparable harm, agreed with the WCJ's recommendation that additional discovery appeared warranted. The Board granted removal, rescinded the July 10, 2025 order setting the matter for trial, and returned the matter to the trial level for further proceedings.

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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