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PanelLienGranted

Magallon De Alvarez, Guadalupe

GUADALUPE MAGALLON DE ALVAREZ, Applicant vs. ACCOUNTABILITIES, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN’S UNDERWRITING ALLIANCE, in liquidation, Defendants

ADJ number: ADJ9984568
Decision date: Sep 25, 2025
District office: Oakland
WCJ: —
Claim administrator: California Insurance Guarantee Association (CIGA) for Lumbermen's Underwriting Alliance, in liquidation
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

CCR §10752CCR §10955CCR §10401CCR §10751

Summary

In a lien dispute, the WCJ issued an August 29, 2024 minute order requiring CIGA's adjuster or representative to appear at trial in-person ('No remote'). Defendant petitioned for removal, arguing in-person appearance was not required and that the WCJ was mistaken that no representative was available. The Appeals Board granted removal, finding an in-person order both legally incorrect and irreparable through reconsideration. Relying on its en banc decision in Perez v. Chicago Dogs and WCAB Rule 10752(b), the Board reasoned that if a testifying party may appear remotely, a non-testifying party with settlement authority may also appear electronically. The Board rescinded the in-person order and substituted an order that defendant have a person with settlement authority available electronically.

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.