WCPanelIQ
PanelGranted

Jess Carabajal — ADJ20406289

JESS CARABAJAL, Applicant vs. YELLOW CORP.; OLD REPUBLIC INS. CO., administered by SEDGWICK CMS, Defendants

ADJ number
ADJ20406289
Decision date
Jun 8, 2026
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick CMS (administering for Old Republic Ins. Co.)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER
LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Defendant Yellow Corp./Old Republic Ins. Co. (administered by Sedgwick CMS) filed a petition for removal challenging the WCJ's April 10, 2026 order denying defendant's petition to join other potential employers into applicant Jess Carabajal's cumulative injury claim. The Appeals Board found that the WCJ issued the order denying joinder without creating a record, which violated the parties' due process rights and constituted irreparable harm. The Board granted removal and, as its Decision After Removal, rescinded the April 10, 2026 order and returned the matter to the trial level to create a record. The Board made no judgment on whether joinder was actually warranted, deferring that determination pending development of a formal record.

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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