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YESENIA DIAZ, Applicant v. LUCKY OPCO LLC; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

California Workers Compensation Decisions
Dec 15, 2021
No. ADJ14509084 (Cal. W.C.A.B. Dec. 15, 2021)

Opinion


YESENIA DIAZ, Applicant v. LUCKY OPCO LLC; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants No. ADJ14509084 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California December 15, 2021

Long Beach District Office

OPINION AND ORDER DENYING PETITION FOR REMOVAL

KATHERINE A. ZALEWSKI, CHAIR

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 MARGUERITE SWEENEY, COMMISSIONER, JOSé H. RAZO, COMMISSIONER


Summaries of

YESENIA DIAZ, Applicant v. LUCKY OPCO LLC; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

California Workers Compensation Decisions
Dec 15, 2021
No. ADJ14509084 (Cal. W.C.A.B. Dec. 15, 2021)
Case details for

YESENIA DIAZ, Applicant v. LUCKY OPCO LLC; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

Case Details

Full title:YESENIA DIAZ, Applicant v. LUCKY OPCO LLC; TRAVELERS PROPERTY CASUALTY…

Court:California Workers Compensation Decisions

Date published: Dec 15, 2021

Citations

No. ADJ14509084 (Cal. W.C.A.B. Dec. 15, 2021)