Home/Case Law/JORGE HUERTA HUERTA vs. IL COLORE, INC.; ACE AMERICAN INSURANCE COMPANY, administered by BARRETT BUSINESS SERVICES
Regular DecisionWorkers' Compensation Appeal

JORGE HUERTA HUERTA vs. IL COLORE, INC.; ACE AMERICAN INSURANCE COMPANY, administered by BARRETT BUSINESS SERVICES

Filed: Dec 01, 2016
Van Nuys
ADJ10087769, ADJ10087742

CompFox AI Summary

In this workers' compensation case, the defendant appealed the WCJ's issuance of PQME panels in a denied cumulative trauma claim (ADJ10087769), arguing it was improperly processed via an expedited hearing. The Appeals Board denied the petition for removal, finding that while an expedited hearing was inappropriate for a denied claim, the WCJ correctly treated it as a status conference. The Board noted that the defendant did not contest the underlying propriety of issuing PQME panels in the denied case, thus failing to demonstrate substantial prejudice or irreparable harm required for removal. The defendant's objection was primarily to the procedural method used, not the ultimate decision to issue the panels.

Full Decision Text1 Pages

In this workers' compensation case, the defendant appealed the WCJ's issuance of PQME panels in a denied cumulative trauma claim (ADJ10087769), arguing it was improperly processed via an expedited hearing. The Appeals Board denied the petition for removal, finding that while an expedited hearing was inappropriate for a denied claim, the WCJ correctly treated it as a status conference. The Board noted that the defendant did not contest the underlying propriety of issuing PQME panels in the denied case, thus failing to demonstrate substantial prejudice or irreparable harm required for removal. The defendant's objection was primarily to the procedural method used, not the ultimate decision to issue the panels.

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