Home/Case Law/MARILYN CHAN vs. SERVISAIR LLC, ACE adjusted by ESIS
Regular DecisionReconsideration/Removal

MARILYN CHAN vs. SERVISAIR LLC, ACE adjusted by ESIS

Filed: May 27, 2011
San Francisco
ADJ7474784

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the prior order denying an automatic reassignment of judge was not a final order. The WCAB then denied the applicant's Petition for Removal, finding no showing of significant prejudice or irreparable harm. The applicant's Petition for Automatic Reassignment was untimely as it was filed 12 days after service of the hearing notice, exceeding the five-day deadline plus five days for mail service. Therefore, the WCAB adopted the WCJ's reasoning in denying the reassignment request.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the prior order denying an automatic reassignment of judge was not a final order. The WCAB then denied the applicant's Petition for Removal, finding no showing of significant prejudice or irreparable harm. The applicant's Petition for Automatic Reassignment was untimely as it was filed 12 days after service of the hearing notice, exceeding the five-day deadline plus five days for mail service. Therefore, the WCAB adopted the WCJ's reasoning in denying the reassignment request.

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