WCPanelIQ
PanelDenied

Gonzalez, Veronica

VERONICA GONZALEZ, Applicant vs. ECLIPSE RTO, LLC, AND STAFFPAY INC.; DBA EMPLICITY; STATE COMPENSATION INSURANCE FUND; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ16808789
Decision date
Jun 5, 2025
District office
Pomona
WCJ
—
Claim administrator
State Compensation Insurance Fund; Insurance Company of the West
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL KELLY, COMMISSIONER
LC §5909LC §5900LC §5904CCR §10955

Summary

Applicant Veronica Gonzalez's employer/insurer filed a petition challenging a WCJ's decision that contained a finding on employment, a threshold issue. Although the decision was technically final and subject to reconsideration because it resolved the employment issue, the petitioner only challenged an interlocutory finding within the hybrid decision. The Appeals Board therefore applied the removal standard to its review. After preliminarily confirming its timeliness under the amended Labor Code section 5909, the Board found the petitioner failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The petition 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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