From Casetext: Smarter Legal Research

Edgar Nguyen, Applicant v. Everest Value School; Preferred Employer Insurance Company, Defendants

California Workers Compensation Decisions
Aug 24, 2021
ADJ12458299 (Cal. W.C.A.B. Aug. 24, 2021)

Opinion


EDGAR NGUYEN, Applicant v. EVEREST VALUE SCHOOL; PREFERRED EMPLOYER INSURANCE COMPANY, Defendants No. ADJ12458299 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California August 24, 2021

         Marina del Rey District Office

         OPINION AND ORDER DENYING PETITION FOR REMOVAL

          JOSé H. RAZO, 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.

         For the foregoing reasons,

         IT IS ORDERED that the Petition for Removal is DENIED.

         I CONCUR,

          CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER


Summaries of

Edgar Nguyen, Applicant v. Everest Value School; Preferred Employer Insurance Company, Defendants

California Workers Compensation Decisions
Aug 24, 2021
ADJ12458299 (Cal. W.C.A.B. Aug. 24, 2021)
Case details for

Edgar Nguyen, Applicant v. Everest Value School; Preferred Employer Insurance Company, Defendants

Case Details

Full title:EDGAR NGUYEN, Applicant v. EVEREST VALUE SCHOOL; PREFERRED EMPLOYER…

Court:California Workers Compensation Decisions

Date published: Aug 24, 2021

Citations

ADJ12458299 (Cal. W.C.A.B. Aug. 24, 2021)