PEDRO GUARDADO vs. PEACOCK CHEESE DISTRIBUTING COMPANY, TRISTAR RISK MANAGEMENT

This case concerns defendant Peacock Cheese Distributing Company's petition for removal, seeking a bifurcated trial on the statute of limitations before applicant's injury is established. The Workers' Compensation Appeals Board denied the petition, finding the request premature as the defendant still disputes the applicant's injury. The Board agreed with the Administrative Law Judge that bifurcating the statute of limitations defense prior to injury acceptance is akin to a prohibited request for judgment on the pleadings. Consequently, the defendant's petition for removal was denied.