WCPanelIQ
PanelQMEDismissed

Zamora, Marcelino

MARCELINO ZAMORA, Applicant vs. WHOLE FOODS MARKET, INC., LIBERTY MUTUAL INSURANCE, administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ21029209
Decision date
Oct 6, 2025
District office
Oakland
WCJ
—
Claim administrator
Gallagher Bassett (administering for Liberty Mutual Insurance)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
CCR §10955CCR §10300CCR §10999CCR §10520

Summary

Applicant Marcelino Zamora sought removal, asking the Appeals Board to decide a panel dispute issue in the first instance. Defendant filed an answer, and the WCJ recommended dismissal and consideration of sanctions. The Board found that the petitioner failed to identify any order or decision of the WCJ from which removal was sought, instead improperly asking the Board to try an issue at the appellate level in the first instance. The Board held this was not a valid basis for removal under WCAB Rule 10955 because no ripe order or decision existed. The petition was dismissed, and applicant's counsel was admonished for multiple rule violations, including failure to include his bar number.

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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