WCPanelIQ
PanelLienDismissed

Remedios Diaz — ADJ1050102, ADJ4344533

REMEDIOS DIAZ, Applicant vs. CORP OF KATE MANTILINI; CYPRESS INSURANCE COMPANY, dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ1050102, ADJ4344533
Decision date
Oct 7, 2026
District office
Oxnard
WCJ
—
Claim administrator
Cypress Insurance Company, dba Berkshire Hathaway Homestate Companies
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §5900LC §5902LC §5903LC §5909LC §5313LC §5952LC §5952(d)CCR §10600CCR §10955CCR §10761

Summary

Defendant sought reconsideration, or alternatively removal, of a WCJ's July 9, 2026 Order Rescinding a prior Joint Order Dismissing the lien claims of Dr. Eric Gofnung, D.C., for non-appearance. The WCJ had found good cause to rescind the dismissal upon reviewing the lien claimant's Petition for Reconsideration and indicated a record must be made pursuant to Hamilton. The Appeals Board held that the Order Rescinding was not a final order because it did not determine any substantive right or liability or a threshold issue, and therefore dismissed the Petition for Reconsideration. The Board also denied the Petition for Removal because defendant failed to establish substantial prejudice or irreparable harm, noting defendant would still be allowed to present its case at trial.

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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