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PanelDenied

Hawthorne, Kuchita et al.

AMY STACY BOSKO, Applicant v. LEARNING CARE GROUP, Defendant ELSIE GONZALES, Applicant v. COCA COLA ENTERPRISES, Defendant MARILYN LONZANIDA, Applicant v. IHSS SOLANO COUNTY, Defendant RAY DUNHAMS, Applicant v. AC TRANSIT, Defendant KUCHITA HAWTHORNE, Applicant v. UPS, Defendant

ADJ number: ADJ6788916
Decision date: Date unavailable
District office: Oakland
WCJ: —
Claim administrator: —
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG L. SNELLINGS, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

LC §5307LC §5308LC §5309LC §5310LC §5500.3LC §5700LC §5903LC §5952LC §5313CCR §10964CCR §10955CCR §10346CCR §10515CCR §10761

Summary

Five applicants (Bosko, Gonzales, Lonzanida, Dunhams, and Hawthorne) filed a joint Petition for Removal challenging a WCJ's July 13, 2022 orders denying their petitions to set their matters on non-OD-Legal block days and to terminate all OD-Legal block days at the Oakland District Office. The WCJ denied these requests, finding the WCJ lacked authority to grant the requested relief regarding scheduling. The Appeals Board denied removal, holding that scheduling of hearings is delegated to the district offices through the WCAB Rules, and that petitioners improperly sought relief based solely on the pleadings, which is not permitted. The Board found no substantial prejudice or irreparable harm would result and that no adequate record had been created to address the merits.

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.

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.

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.