Home/Case Law/MIGUEL MONTES vs. KOLE, INC. DBA QUALITY TUNE UP #8, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PROCENTURY INSURANCE COMPANY
Regular DecisionRemoval Petition

MIGUEL MONTES vs. KOLE, INC. DBA QUALITY TUNE UP #8, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PROCENTURY INSURANCE COMPANY

Filed: Mar 15, 2018
San Jose
ADJ8824674

CompFox AI Summary

This case concerns a Petition for Removal that the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. The petitioner failed to file their removal petition within the prescribed 20-day period plus additional mailing time, submitting it one day late. Even if timely, the WCAB would have denied it on the merits, agreeing with the WCJ that the billing dispute was subject to Independent Bill Review (IBR) and not the WCAB's jurisdiction. The WCAB emphasized that if the sole dispute is the amount of payment and a second review failed, IBR is the proper avenue under Labor Code section 4603.6.

Full Decision Text1 Pages

This case concerns a Petition for Removal that the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. The petitioner failed to file their removal petition within the prescribed 20-day period plus additional mailing time, submitting it one day late. Even if timely, the WCAB would have denied it on the merits, agreeing with the WCJ that the billing dispute was subject to Independent Bill Review (IBR) and not the WCAB's jurisdiction. The WCAB emphasized that if the sole dispute is the amount of payment and a second review failed, IBR is the proper avenue under Labor Code section 4603.6.

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