From Casetext: Smarter Legal Research

Araceli Rivas, Applicant v. Williams-Sonoma, Inc.; Safety National Casualty Company and admin, by Sedgwick, Defendants

California Workers Compensation Decisions
Jan 14, 2022
No. ADJ14533242 (Cal. W.C.A.B. Jan. 14, 2022)

Opinion


ARACELI RIVAS, Applicant v. WILLIAMS-SONOMA, INC.; SAFETY NATIONAL CASUALTY COMPANY and admin, by SEDGWICK, Defendants No. ADJ14533242 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California January 14, 2022

Los Angeles 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. AppealsBd. (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.

For the foregoing reasons,

IT IS ORDERED that the Petition for Removal is DENIED.

I CONCUR,

CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKL CHAIR.

SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.

ARACELI RIVAS RAMIN YOUNESSI PURINTON LAW


Summaries of

Araceli Rivas, Applicant v. Williams-Sonoma, Inc.; Safety National Casualty Company and admin, by Sedgwick, Defendants

California Workers Compensation Decisions
Jan 14, 2022
No. ADJ14533242 (Cal. W.C.A.B. Jan. 14, 2022)
Case details for

Araceli Rivas, Applicant v. Williams-Sonoma, Inc.; Safety National Casualty Company and admin, by Sedgwick, Defendants

Case Details

Full title:ARACELI RIVAS, Applicant v. WILLIAMS-SONOMA, INC.; SAFETY NATIONAL…

Court:California Workers Compensation Decisions

Date published: Jan 14, 2022

Citations

No. ADJ14533242 (Cal. W.C.A.B. Jan. 14, 2022)