WCPanelIQ
PanelLienDenied

Valdez, Maria

MARIA VALDEZ, Applicant vs. CALIFORNIA TRENDS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of SUPERIOR NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ993752
Decision date
Jun 12, 2025
District office
Marina del Rey
WCJ
—
Claim administrator
California Insurance Guarantee Association on behalf of Superior National Insurance Company
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER
CCR §10955

Summary

Lien claimant David Silver, M.D. filed a Petition for Removal challenging the WCJ's decision to continue an August 28, 2024 trial, allegedly to allow defendant's expert witnesses to testify. The Appeals Board reviewed the petition and the WCJ's report, noting that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the Minutes of Hearing did not reflect any discussion of defendant's proposed witness testimony, but rather only an order continuing trial to October 7, 2024. The Board was not persuaded that substantial prejudice or irreparable harm would result, nor that reconsideration would be an inadequate remedy. 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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