Home/Case Law/DANAE MARTINEZ vs. TRUE LEAF FARMS/PACIFIC RISK MANAGEMENT, PSI, administered by PACIFIC CLAIMS MANAGEMENT
Regular DecisionReconsideration

DANAE MARTINEZ vs. TRUE LEAF FARMS/PACIFIC RISK MANAGEMENT, PSI, administered by PACIFIC CLAIMS MANAGEMENT

Filed: Sep 30, 2019
Salinas
ADJ10607792

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. While the WCJ's initial order addressed a threshold issue (injury AOE/COE), the applicant's petition only challenged interlocutory issues regarding QME panels. The WCAB treated this as a request for removal, which is an extraordinary remedy rarely granted. Because the applicant failed to demonstrate significant prejudice or irreparable harm, and reconsideration remains an adequate remedy for future interlocutory issues, the petition was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. While the WCJ's initial order addressed a threshold issue (injury AOE/COE), the applicant's petition only challenged interlocutory issues regarding QME panels. The WCAB treated this as a request for removal, which is an extraordinary remedy rarely granted. Because the applicant failed to demonstrate significant prejudice or irreparable harm, and reconsideration remains an adequate remedy for future interlocutory issues, the petition was denied.

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DANAE MARTINEZ vs. TRUE LEAF FARMS/PACIFIC RISK MANAGEMENT, PSI, administered by PACIFIC CLAIMS MANAGEMENT (2019) – Salinas | CompFox