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ADJ2919928 STEPHEN MCCARTY, Applicant v. FCI CONSTRUCTORS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

Workers’ Compensation Appeals Board State of California
Dec 1, 2023
No. ADJ2919928 (Cal. W.C.A.B. Dec. 1, 2023)

Opinion


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STEPHEN MCCARTY, Applicant v. FCI CONSTRUCTORS; ZURICH AMERICAN INSURANCE COMPANY, Defendants No. ADJ2919928 Workers’ Compensation Appeals Board State of California December 1, 2023

Santa Ana District Office

OPINION AND ORDER DENYING PETITION FOR REMOVAL

KATHERINE A. ZALEWSKI, CHAIR

We have considered the allegations of the Petitions 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, § 10955(a); 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, § 10955(a).) 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.

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For the foregoing reasons,

IT IS ORDERED that applicant's Petition for Removal of the decision issued on September 6, 2023 is DENIED.

IT IS FURTHER ORDERED that defendant's Petition for Removal of the decision issued on September 6, 2023 is DENIED.

I CONCUR,

ANNE SCHMITZ, DEPUTY COMMISSIONER

CRAIG SNELLINGS, COMMISSIONER


Summaries of

ADJ2919928 STEPHEN MCCARTY, Applicant v. FCI CONSTRUCTORS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

Workers’ Compensation Appeals Board State of California
Dec 1, 2023
No. ADJ2919928 (Cal. W.C.A.B. Dec. 1, 2023)
Case details for

ADJ2919928 STEPHEN MCCARTY, Applicant v. FCI CONSTRUCTORS; ZURICH AMERICAN INSURANCE COMPANY, Defendants

Case Details

Full title:ADJ2919928 STEPHEN MCCARTY, Applicant v. FCI CONSTRUCTORS; ZURICH AMERICAN…

Court:Workers’ Compensation Appeals Board State of California

Date published: Dec 1, 2023

Citations

No. ADJ2919928 (Cal. W.C.A.B. Dec. 1, 2023)