WCPanelIQ
PanelDenied

Hernandez Gonzalez, Gerardo

GERARDO HERNANDEZ GONZALEZ, Applicant vs. FM RESTAURANTS HQ LLC, D.B.A. EL TORITO; AIU INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ16660771
Decision date
Jun 26, 2025
District office
Los Angeles
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering AIU Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
CCR §10955

Summary

Applicant Gerardo Hernandez Gonzalez filed a Petition for Removal contending that further discovery was necessary before proceeding to trial. The WCAB panel considered the petition along with the WCJ's report and denied removal. The Board reasoned that removal is an extraordinary remedy and that the petitioner failed to show substantial prejudice or irreparable harm, since the trial WCJ could itself consider whether further discovery was necessary once the case proceeded to trial. 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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