WCPanelIQ
PanelDenied

Escalante, Ralph

RALPH ESCALANTE, Applicant vs. GARY LITTLE CONSTRUCTION; CYPRESS INSURANCE COMPANY, Defendants

ADJ number
ADJ18177123
Decision date
Sep 23, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Cypress Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Ralph Escalante filed a petition for removal challenging the WCJ's December 9, 2024 order setting the matter for trial, arguing that discovery was incomplete and proceeding to trial on the current record would violate his due process rights. The Appeals Board reviewed the petition, the defendant's answer, and the WCJ's Report and Recommendation. The Board found that removal is an extraordinary remedy and that applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board emphasized that no formal record existed to review and that one purpose of the trial was to determine whether additional discovery was warranted. The Board denied the petition for removal.

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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