Donna Westlake v. Auto Dealers Compensation Case Summary

This case involves Donna Westlake and Auto Dealers Compensation of California/Marin Luxury Cars LLC, administered by Intercare Insurance Services. The Workers' Compensation Appeals Board denied the Petition for Removal, stating that removal is an extraordinary remedy which is rarely exercised by the Board absent a showing that substantial prejudice or irreparable injury will result if removal is not granted. The Board found that, based on their review of the record, substantial prejudice or irreparable harm would not result if removal was denied. The Petition for Removal was denied.

AUTO DEALERS COMPENSATION OF CALIFORNIA/MARIN LUXURY CARS LLC, Administered By INTERCARE INSURANCE SERVICES DONNA WESTLAKE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONNA WESTLAKE, Applicant,vs.AUTO DEALERS COMPENSATION OF CALIFORNIA/MARIN LUXURY CARS LLC, Administered By INTERCARE INSURANCE SERVICES, Defendant(s).Case No.ADJ7191675ORDER DENYINGPETITION FOR REMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny removal.            Removal is an extraordinary remedy which is rarely exercised by the Board absent a showing that substantial prejudice or irreparable injury will result if removal is not granted. (Cal. Code Regs., tit. 8, section 10843; Swedlow, Inc. v. Workers’ Comp. Appeals bd (Smith) (1985) 48 Cal.C’omp.Cases 476 (writ denied); Castro v. Workers’ Comp. Appeals Bd. (1996) 61 Cal.Comp.Case 1460. (writ denied); Bidmer v. Circle K Corp. (1986) SAL 93830. 14 Cal. Workers* Comp. Rptr. 160 (Board panel).) Based upon the foregoing, and our review of the record, we arc not persuaded that substantial prejudice or irreparable harm will result if removal is denied.            Finally, we note that defendant did subsequently submit verification for its petition for removal. , For the foregoing reasons,IT IS ORDERED that said Petition for Removal is DENIED.WORKERS’COMPENSA TIONAPPEALS BOARD________________________________________FRANK M. BRASSI CONCUR._____________________________________ALFONSO J. MORESI_____________________________________DEIDRA E. LOWEDATED AND FILED A T SAN FRANCISCO, CALIFORNIAOCT 01 2010SERVICE MADE BY MAlL ON ABOVE DATE ON THE PERSONS LISTED BELOWAT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:DONNA WESTLAKEBOEHM & ASSOCIA TESD’ANDRE, PETERSON, BOBUS

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.