Home/Case Law/MARTIN PENALOZA vs. SIGNATURE PARTY RENTALS, EVEREST NATIONAL INSURANCE COMPANY, SEDGWICK, MAJESTIC INSURANCE COMPANY, AMTRUST NORTH AMERICA
Regular Decision

MARTIN PENALOZA vs. SIGNATURE PARTY RENTALS, EVEREST NATIONAL INSURANCE COMPANY, SEDGWICK, MAJESTIC INSURANCE COMPANY, AMTRUST NORTH AMERICA

Filed: Dec 12, 2016
Anaheim
ADJ7108482

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration because the administrative law judge's order joining Everest National Insurance Company was not a "final" order, as it did not determine substantive rights or liabilities. The WCAB also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm to justify this extraordinary remedy. Petitioners failed to demonstrate why reconsideration would not be an adequate remedy if a final adverse decision occurs. Therefore, both the petition for reconsideration and removal were dismissed and denied, respectively.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration because the administrative law judge's order joining Everest National Insurance Company was not a "final" order, as it did not determine substantive rights or liabilities. The WCAB also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm to justify this extraordinary remedy. Petitioners failed to demonstrate why reconsideration would not be an adequate remedy if a final adverse decision occurs. Therefore, both the petition for reconsideration and removal were dismissed and denied, respectively.

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