Home/Case Law/VICTORIA MARTINEZ vs. MAXI FOODS, LLC, SPRINGFIELD INSURANCE COMPANY
Regular Decision

VICTORIA MARTINEZ vs. MAXI FOODS, LLC, SPRINGFIELD INSURANCE COMPANY

Filed: Nov 28, 2011
San Francisco
ADJ7790885

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as it was based on a non-final order compelling attendance at a medical evaluation. The WCAB also denied the applicant's Petition for Removal because the applicant failed to demonstrate significant prejudice or irreparable harm, which are required for removal as an extraordinary remedy. The WCAB found that the applicant had prior opportunities to object to the medical evaluation and adopted the WCJ's report as the basis for its decision. The case was returned to the WCJ for further proceedings, including potential sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as it was based on a non-final order compelling attendance at a medical evaluation. The WCAB also denied the applicant's Petition for Removal because the applicant failed to demonstrate significant prejudice or irreparable harm, which are required for removal as an extraordinary remedy. The WCAB found that the applicant had prior opportunities to object to the medical evaluation and adopted the WCJ's report as the basis for its decision. The case was returned to the WCJ for further proceedings, including potential sanctions.

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VICTORIA MARTINEZ vs. MAXI FOODS, LLC, SPRINGFIELD INSURANCE COMPANY (2011) – San Francisco | CompFox