Home/Case Law/MIGUEL HERNANDEZ vs. DUANE E. POTTS, KATHLEEN C. POTTS, STATE FARM INSURANCE COMPANY, DUANE POTTS, GREAT AMERICAN INSURANCE COMPANY
Regular Decision

MIGUEL HERNANDEZ vs. DUANE E. POTTS, KATHLEEN C. POTTS, STATE FARM INSURANCE COMPANY, DUANE POTTS, GREAT AMERICAN INSURANCE COMPANY

Filed: Jul 12, 2016
San Francisco
ADJ1910234

CompFox AI Summary

Great American Insurance Company sought removal of a $2,000.00 sanction order for failing to appear at a Mandatory Settlement Conference. The Workers' Compensation Appeals Board dismissed their Petition for Removal because removal is an extraordinary remedy for interlocutory orders, not final ones like sanctions. Since reconsideration is an adequate remedy for a final order, the Board treated Great American's filing as a Petition for Reconsideration. The Board then denied this Petition for Reconsideration, adopting the WCJ's reasoning for imposing the sanctions.

Full Decision Text1 Pages

Great American Insurance Company sought removal of a $2,000.00 sanction order for failing to appear at a Mandatory Settlement Conference. The Workers' Compensation Appeals Board dismissed their Petition for Removal because removal is an extraordinary remedy for interlocutory orders, not final ones like sanctions. Since reconsideration is an adequate remedy for a final order, the Board treated Great American's filing as a Petition for Reconsideration. The Board then denied this Petition for Reconsideration, adopting the WCJ's reasoning for imposing the sanctions.

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MIGUEL HERNANDEZ vs. DUANE E. POTTS, KATHLEEN C. POTTS, STATE FARM INSURANCE COMPANY, DUANE POTTS, GREAT AMERICAN INSURANCE COMPANY (2016) – San Francisco | CompFox