WCPanelIQ
PanelLienDismissed

Dicorato, Jennifer

JENNIFER DICORATO, Applicant vs. BLOOMFIELD BAKERY (THE ORIGINAL FISH COMPANY); CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility, SEDGWICK CMS, for FREMONT INDEMNITY COMPANY, in liquidation, Defendants

ADJ number
ADJ1504028
Decision date
Oct 8, 2025
District office
Anaheim District Office
WCJ
—
Claim administrator
Sedgwick CMS, servicing facility for California Insurance Guarantee Association (CIGA) for Fremont Indemnity Company, in liquidation
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5903LC §5952LC §5313LC §5813CCR §10761CCR §10945CCR §10421

Summary

Lien claimant Stuart Silverman, M.D. filed a petition for removal challenging the WCJ's March 8, 2023 order continuing a lien trial, which included comments indicating the WCJ intended to allow defendant to substitute a bill review expert witness and permit remote testimony. The lien claimant argued substitution should not be permitted because the prior expert had not completed testimony and the substitute witness was not listed on the pre-trial conference statement. The Board dismissed the petition, finding that the only order issued was to set the matter for trial and the WCJ's comments did not constitute an order or decision ripe for review. The Board admonished the lien representative for falsely stating the substitute witness was not listed on the pre-trial conference statement, in violation of the requirement that verified petitions fairly state all material evidence.

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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