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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9868813, ADJ10013839
Regular
Feb 02, 2018

CECILIA ECHEVERRIA DIAZ vs. HOWARD'S SHOPWRITE PHARMACY

The Workers' Compensation Appeals Board (WCAB) denied Cecilia Echeverria Diaz's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The WCAB found that the applicant did not demonstrate such prejudice or harm, nor that reconsideration would be an inadequate remedy. Therefore, the petition was denied, adopting the reasoning of the workers' compensation administrative law judge.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyCortezKleemannAdjudication
References
2
Case No. ADJ8323128
Regular
Jul 26, 2017

CARLOS ECHEVERRIA vs. EKCO METALS, INTERCARE PASADENA, AMTRUST IRVINE, WAUSAU BEAVERTON

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order that had imposed costs and sanctions on lien claimant American Liberty Interpreting. The Board found the petition for reconsideration was timely filed as the lien claimant's representative was not initially served. While the lien claimant did omit two dates of service, potentially to circumvent the statute of limitations, the Board determined this was not sufficient to constitute "bad faith" or frivolous tactics. Therefore, the Board ruled that the defendant was not entitled to sanctions against the lien claimant.

Workers Compensation Appeals BoardLien ClaimantReconsiderationFindings Award and OrderLabor Code Section 5813California Code of Regulations Title 8 Section 10561SanctionsCostsPetition for ReconsiderationStatute of Limitations
References
0
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