Home/Case Law/DARRYL OYAS vs. DEPARTMENT OF CORRECTIONS; STATE OF CALIFORNIA, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agent
Regular DecisionRemoval Petition

DARRYL OYAS vs. DEPARTMENT OF CORRECTIONS; STATE OF CALIFORNIA, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agent

Filed: Oct 16, 2018
San Bernardino
ADJ7971001

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal, finding it premature. The applicant sought removal based on alleged comments by the judge at a status conference regarding commutation methods and attorney fees, rather than an appealable order. The WCAB clarified that the judge merely continued the case to trial for further hearing on attorney fees. The applicant's grievance is not with a final decision or order, and reconsideration will be an adequate remedy after the trial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal, finding it premature. The applicant sought removal based on alleged comments by the judge at a status conference regarding commutation methods and attorney fees, rather than an appealable order. The WCAB clarified that the judge merely continued the case to trial for further hearing on attorney fees. The applicant's grievance is not with a final decision or order, and reconsideration will be an adequate remedy after the trial.

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DARRYL OYAS vs. DEPARTMENT OF CORRECTIONS; STATE OF CALIFORNIA, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agent ("201) – San Bernardino | CompFox