WCPanelIQ
PanelDenied

Leopoldo Ramirez — ADJ16870990, ADJ16870549

LEOPOLDO RAMIREZ, Applicant vs. MCGEE CONTRACTING, INC. / BARRETT BUSINESS SERVICES, INC.; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number
ADJ16870990, ADJ16870549
Decision date
Aug 24, 2026
District office
Long Beach District Office
WCJ
—
Claim administrator
CorVel (administering ACE American Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §4906LC §5903LC §5952LC §5313CCR §10955CCR §10515CCR §10761

Summary

Defendant filed a petition for removal from a WCJ's April 28, 2026 order setting the matter for trial on the issue of sanctions, arguing it had not engaged in sanctionable conduct. The WCAB panel considered the petition and the WCJ's Report recommending denial. The Board held that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which defendant failed to establish, and noted that once the parties proceed to trial they will have an opportunity to create a record. The panel characterized defendant's petition as bordering on frivolous and reminded defendant that summary judgment-type relief is not permitted in workers' compensation. 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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