WCPanelIQ
PanelDismissed

Adantonio Rivera — ADJ10648161

ADANTONIO RIVERA, Applicant vs. TARLTON & SONS, INC.; STARR INDEMNITY & LIABILITY INS. CO., administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ10648161
Decision date
Oct 4, 2026
District office
Goleta
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering Starr Indemnity & Liability Ins. Co.)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5909LC §5900LC §5902LC §5903CCR §10600

Summary

Applicant Adantonio Rivera, appearing in pro per, sought reconsideration of a PWCJ's June 22, 2026 order taking his trial off calendar, contending he was not given a fair opportunity to review evidence and was not provided relevant payment records and accounting information. The Appeals Board first confirmed it timely acted on the petition under Labor Code section 5909, as transmission occurred August 4, 2026 and the decision issued October 5, 2026 (the next business day after the 60-day period). The Board held that an order taking a matter off calendar is an interlocutory procedural decision, not a 'final' order, so reconsideration does not lie. Accordingly, the Board dismissed the Petition for Reconsideration and, treating it as a petition for removal, denied removal. The Board noted that defendant's claims supervisor agreed to provide a printout of all monies paid and advised applicant to consult the Information and Assistance Officer or file a new Declaration of Readiness if needed.

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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