WCPanelIQ
PanelDenied

Andrade, Daniel

DANIEL ANDRADE, Applicant vs. MARPLES AND ASSOCIATES REALTOR; EMPLOYERS PREFERRED, Defendants

ADJ number
ADJ19059640
Decision date
Sep 23, 2025
District office
Oakland
WCJ
—
Claim administrator
Employers Preferred
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Daniel Andrade filed a petition for removal challenging the WCJ's March 13, 2025 order setting the matter for trial, arguing that he had not completed discovery. Defendant did not file an answer, and the WCJ submitted a Report recommending denial. The Appeals Board, noting that removal is an extraordinary remedy, found that applicant failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board emphasized that no formal record existed to review and that the parties could raise the issue of further development of the record at trial. The petition for removal was denied.

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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