WCPanelIQ
PanelQMEMed-legalDenied

Arminda Cortez — ADJ3354072

ARMINDA CORTEZ, Applicant vs. EDWARD MILLER STELLA MILLER; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants

ADJ number
ADJ3354072
Decision date
Jun 15, 2026
District office
Pomona
WCJ
—
Claim administrator
Uninsured Employers Benefits Trust Fund (UEBTF)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
LC §4061LC §5903LC §5952LC §5313CCR §10955CCR §10761

Summary

Applicant Arminda Cortez filed a petition for removal from a WCJ's January 13, 2026 order taking the matter off calendar (OTOC), which gave the Uninsured Employers Benefits Trust Fund (UEBTF) thirty days to obtain a QME panel. Applicant argued UEBTF had failed to complete discovery timely and that further delay was unwarranted. The Appeals Board, noting that removal is an extraordinary remedy, found applicant failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board observed that applicant could simply refile a DOR to return the case to the trial calendar and could raise the issue of whether UEBTF waived protections under Labor Code section 4061(i) at a subsequent hearing. 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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