From Casetext: Smarter Legal Research

Kerry Sandham, Applicant v. Community Medical Center; Corvel Corporation, Defendants

California Workers Compensation Decisions
Oct 4, 2021
Adjudication ADJ14526472 (Cal. W.C.A.B. Oct. 4, 2021)

Opinion


KERRY SANDHAM, Applicant v. COMMUNITY MEDICAL CENTER; CORVEL CORPORATION, Defendants Adjudication No. ADJ14526472 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California October 4, 2021

         Stockton District Office

         OPINION AND ORDER DENYING PETITION FOR REMOVAL

          DEIDRA E. LOWE, COMMISSIONER

         We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s report, we will deny removal.

         Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020).) Here, based upon the WCJ’s analysis of the merits of petitioner’s arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner.

         Pursuant to the June 2, 2021 Minutes of Hearing, this matter is to be set for further hearing on notice at the Stockton District Office. Defendant may raise its request for additional discovery at that time.

         For the foregoing reasons,

         IT IS ORDERED that the Petition for Removal is DENIED.

          I CONCUR, KATHERINE A. ZALEWSKI, CHAIR, JOSé H. RAZO, COMMISSIONER


Summaries of

Kerry Sandham, Applicant v. Community Medical Center; Corvel Corporation, Defendants

California Workers Compensation Decisions
Oct 4, 2021
Adjudication ADJ14526472 (Cal. W.C.A.B. Oct. 4, 2021)
Case details for

Kerry Sandham, Applicant v. Community Medical Center; Corvel Corporation, Defendants

Case Details

Full title:KERRY SANDHAM, Applicant v. COMMUNITY MEDICAL CENTER; CORVEL CORPORATION…

Court:California Workers Compensation Decisions

Date published: Oct 4, 2021

Citations

Adjudication ADJ14526472 (Cal. W.C.A.B. Oct. 4, 2021)