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JEFFREY RODRIGUEZ (Deceased); PATRICIA RODRIGUEZ, Applicant v. CITY OF BAKERSFIELD, permissibly self-insured, administered by AIMS, Defendants

California Workers Compensation Decisions
Aug 3, 2021
ADJ7573009, ADJ7592526 (Cal. W.C.A.B. Aug. 3, 2021)

Opinion


JEFFREY RODRIGUEZ (Deceased); PATRICIA RODRIGUEZ, Applicant v. CITY OF BAKERSFIELD, permissibly self-insured, administered by AIMS, Defendants Nos. ADJ7573009, ADJ7592526 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California August 3, 2021

         Bakersfield District Office

         OPINION AND ORDER DENYING PETITION FOR REMOVAL

          KATHERINE A. ZALEWSKI, CHAIR

         We have considered the allegations of defendant's Petition for Removal, applicant's answer 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 defendant'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 defendant'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 defendant.

         Therefore, we will deny removal.

         For the foregoing reasons,

         IT IS ORDERED that defendant's Petition for Removal of the Findings of Fact, Orders Rescinding Submission and Directing Development of the Record issued by the WCJ on January 6, 2021 is DENIED.

         I CONCUR,

          KATHERINE WILLIAMS DODD. COMMISSIONER, MARGUERITE SWEENEY. COMMISSIONER.


Summaries of

JEFFREY RODRIGUEZ (Deceased); PATRICIA RODRIGUEZ, Applicant v. CITY OF BAKERSFIELD, permissibly self-insured, administered by AIMS, Defendants

California Workers Compensation Decisions
Aug 3, 2021
ADJ7573009, ADJ7592526 (Cal. W.C.A.B. Aug. 3, 2021)
Case details for

JEFFREY RODRIGUEZ (Deceased); PATRICIA RODRIGUEZ, Applicant v. CITY OF BAKERSFIELD, permissibly self-insured, administered by AIMS, Defendants

Case Details

Full title:JEFFREY RODRIGUEZ (Deceased); PATRICIA RODRIGUEZ, Applicant v. CITY OF…

Court:California Workers Compensation Decisions

Date published: Aug 3, 2021

Citations

ADJ7573009, ADJ7592526 (Cal. W.C.A.B. Aug. 3, 2021)