Home/Case Law/MIREYA CASILLAS vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE, GALLAGHER BASSETT SERVICES
Regular DecisionRemoval

MIREYA CASILLAS vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE, GALLAGHER BASSETT SERVICES

Filed: Dec 07, 2016
Van Nuys
ADJ9822757; ADJ9826854

CompFox AI Summary

The Appeals Board denied Mireya Casillas's Petition for Removal because she failed to demonstrate substantial prejudice or irreparable harm required for this extraordinary remedy. The WCJ's report, incorporated by the Board, found that the defendants' 24-day delay in authorizing MPN treatment did not constitute a denial of care that would permit treatment outside the MPN, especially since authorization was eventually provided before the applicant designated a non-MPN physician. The Board concluded that reconsideration would be an adequate remedy for any potential adverse decision. Therefore, removal was denied.

Full Decision Text1 Pages

The Appeals Board denied Mireya Casillas's Petition for Removal because she failed to demonstrate substantial prejudice or irreparable harm required for this extraordinary remedy. The WCJ's report, incorporated by the Board, found that the defendants' 24-day delay in authorizing MPN treatment did not constitute a denial of care that would permit treatment outside the MPN, especially since authorization was eventually provided before the applicant designated a non-MPN physician. The Board concluded that reconsideration would be an adequate remedy for any potential adverse decision. Therefore, removal was denied.

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MIREYA CASILLAS vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE, GALLAGHER BASSETT SERVICES (2016) – Van Nuys | CompFox