WCPanelIQ
PanelDismissed

Swift, Sharon

SHARON SWIFT, Applicant vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION CENTINELA STATE PRISON, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ9097135
Decision date
Sep 3, 2025
District office
San Diego District Office
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Summary

Defendant filed a Petition for Removal on January 7, 2025, challenging a WCJ's December 19, 2024 order setting the matter for trial, contending the order caused significant prejudice and irreparable harm. The Board noted that when a party raises an issue at an MSC but the case is set for trial, the party can raise the issue at trial, so there is likely no significant prejudice or irreparable harm. The parties proceeded to trial on February 26, 2025, which was continued for testimony, and the matter was further delayed because the case remained at reconsideration. On June 10, 2025, the Board was advised defendant intended to withdraw the petition, but no notice of withdrawal was received. The Board found the petition moot because the parties had proceeded to trial and admonished defendant to promptly withdraw such petitions in the future. The Board dismissed the Petition for Removal.

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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