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PanelDismissed

Cordova, Maria

MARIA CORDOVA, Applicant vs. GRUMA CORPORATION, dba MISSION FOODS; ARCH INDEMNITY INSURANCE, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ15407478
Decision date: May 21, 2025
District office: San Francisco
WCJ: —
Claim administrator: Gallagher Bassett (administering Arch Indemnity Insurance)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903LC §5813CCR §10961CCR §10955CCR §10642CCR §10421

Summary

Defendant Gruma Corporation petitioned for reconsideration and/or removal of a February 19, 2025 Order Quashing Notice to Produce, which quashed applicant's effort to compel an out-of-state claims adjuster to appear and testify at trial. The WCAB held that the Order was a non-final, interlocutory evidentiary order not subject to reconsideration, and dismissed the Petition for Reconsideration, treating it instead as a Petition for Removal. The Board then dismissed the removal petition because defendant failed to show substantial prejudice or irreparable harm, and further found the petition moot because the Notice to Produce had expired and been quashed, and no party preserved the adjuster-appearance issue at the February 25, 2025 trial. The Board admonished defendant, its carrier, and its attorney for filing a reconsideration petition on a non-final and moot order, causing delay, and failing to withdraw the moot petition.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.