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PanelDenied

Kim, Kyunghee

KYUNGHEE KIM, Applicant vs. ADP TOTALSOURCE GROUP, INC.; CHROMIUM DENTAL II, dba SPECTRUM DENTAL LABS; AIU INSURANCE COMPANY, administered by HELMSMAN MANAGEMENT SERVICES, Defendants

ADJ number: ADJ18150673
Decision date: Oct 7, 2025
District office: Los Angeles
WCJ: —
Claim administrator: Helmsman Management Services (administering AIU Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

LC §5710LC §5313LC §5903LC §5952CCR §10955CCR §10761

Summary

Applicant Kyunghee Kim filed a petition for removal challenging the WCJ's January 29, 2025 Order awarding a reduced Labor Code section 5710 attorney's deposition fee of $800.00. The Order had been issued without a hearing and permitted either party to file a written objection within 20 days. The Appeals Board denied removal, finding that applicant failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. Rather than addressing the merits of the fee reduction, the Board returned the matter to the trial level so the WCJ could treat the petition as one to set aside the January 29, 2025 Order, allowing the parties to create a proper record. The Board emphasized that when an order is issued without a hearing and a party objects, the proper procedure is to rescind the offending order and set the issue for hearing.

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.