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PanelGranted

Hernandez, Rafael

RAFAEL HERNANDEZ, Applicant vs. SMART AND FINAL; SEDGWICK, Defendants

ADJ number: ADJ20201239
Decision date: Date unavailable
District office: Pomona
WCJ: Frank Hsu Yen
Claim administrator: Sedgwick
Commissioners: —

CCR §10955

Summary

Defense counsel filed a Petition for Removal of the June 12, 2025 Minutes of Hearing in ADJ20201239, arguing the matter had been erroneously set with cases involving entirely separate injured workers who happened to share the same name (Rafael Hernandez), and that they were improperly tasked with serving minutes on cases that did not involve them. The WCJ agreed in his Report, acknowledging he had mistakenly believed the matter involved a single worker with multiple employers, and recommended the minutes be vacated and the cases reset on separate dates. The Appeals Board granted the Petition for Removal, rescinded the June 12, 2025 Minutes of Hearing, and returned the matter to the WCJ. The Board noted under WCAB Rule 10955(d) and (e) the WCJ could have corrected the error himself within his 15-day window or while the petition was pending, rather than transmitting the matter to the Board, and directed the WCJ to remove the incorrect minutes and replace them with corrected minutes.

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.