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PanelGranted

Xaminez, Edgar

EDGAR XAMINEZ, Applicant vs. CLAUDIA RAMIREZ, an individual doing business as FIRST CLASS MOVERS RF; HOLLYWOOD FIVE, INC. dba IHOP; ACE AMERICAN INSURANCE COMPANY; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number: ADJ15627821
Decision date: Oct 9, 2025
District office: Van Nuys
WCJ: —
Claim administrator: ACE American Insurance Company
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

LC §5303LC §5500.5CCR §10955

Summary

Applicant Edgar Xaminez initially pled a cumulative trauma injury but amended his application at the mandatory settlement conference (MSC) to allege a specific injury, after which the WCJ set the matter for trial. UEBTF petitioned for removal, arguing that not all necessary parties had been joined or noticed for the MSC, and that the amendment entitled it to additional discovery. The Appeals Board treated the petition as timely because the January 23, 2025 minutes lacked a proper service declaration. The Board found that proceeding to trial when it was unclear whether all necessary parties were joined and noticed constituted a due process violation amounting to irreparable harm. The Board granted removal, rescinded the order setting the matter for trial, and returned the matter to the trial level for further proceedings.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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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.