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PanelDenied

Koenig, Jeffrey

JEFFREY KOENIG, Applicant vs. HERTZ CORPORATION; Insured by AIU INSURANCE COMPANY; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ17262639
Decision date: Sep 28, 2025
District office: San Jose
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering for AIU Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

LC §5502LC §5700LC §5813CCR §10955CCR §10744CCR §10945

Summary

Defendant Hertz Corporation filed a Petition for Removal challenging a WCJ's February 20, 2025 order of continuance, arguing it violated Labor Code section 5502(d)(3) regarding discovery closure at the mandatory settlement conference. The Appeals Board denied removal, finding defendant failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board explained that section 5502(d)(3) only applies when a WCJ determines a matter is ready to proceed to trial, and no party has a unilateral right to proceed to trial upon filing a DOR. The Board emphasized that under Labor Code section 5700, both the WCJ and the Appeals Board retain discretion to set matters for trial or grant continuances. The Board further cautioned that misstating court rulings or misleading the court may constitute bad faith or frivolous conduct.

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.

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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.