WCPanelIQ
PanelDenied

Herrera, Martin

MARTIN HERRERA, Applicant vs. B T MANCINI CO INC; insured by BITCO/OLD REPUBLIC INSURANCE CO. and administered by ESIS, INC., Defendants

ADJ number
ADJ11088940
Decision date
Jun 25, 2025
District office
San Jose
WCJ
—
Claim administrator
ESIS, Inc. (administering for BITCO/Old Republic Insurance Co.)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
CCR §10955

Summary

Applicant Martin Herrera filed a Petition for Removal in his workers' compensation case against B T Mancini Co Inc, insured by BITCO/Old Republic Insurance Co. and administered by ESIS, Inc. The WCAB considered the petition along with the WCJ's report and recommendation. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm and that reconsideration would not be an adequate remedy. Finding that the petitioner failed to make this showing based on the WCJ's analysis of the merits, the Board denied 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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