Hector Casillas vs. Xerxes Corporation Broadspire Claims Services

is a case in which Hector Casillas filed a petition for removal against Xerxes Corporation and Broadspire Claims Services. The Workers' Compensation Appeals Board reviewed the allegations of the petition and the contents of the report of the workers' compensation administrative law judge and determined that removal was not necessary. The Board found that while the defendants may have a legitimate concern regarding running, capping and steering, this was not the forum for that determination and an inquiry into those matters was unlikely to result in evidence which was relevant to the applicant's claim. As a result, the petition for removal was denied.

XERXES CORPORATION BROADSPIRE CLAIMS SERVICES HECTOR CASILLAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR CASILLAS, Applicant,vs.XERXES CORPORATION; BROADSPIRECLAIMS SERVICES, Defendants.Case No. ADJ9030735(Marina del Rey District Office)ORDER 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 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.            Defendant may have a legitimate concern regarding running, capping and steering. However, this· is not the forum for that determination and an inquiry into those matters is unlikely to result in evidence which is relevant to applicant’s claim. While defendant may have a legitimate concern about a fraudulent claim of injury, that showing has not been made here./ / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Removal be, and the same hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________RONNIE G. CAPLANE        I CONCUR,        _____________________________________________KATHERINE ZALEWSKI        _____________________________________________MARGUERITE SWEENEY        DATED AND FILED AT SAN FRANCISCO, CALIFORNIA                JUL 08 2014    SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.HECTOR CASILLASKNOX RICKSENREYES BARSOUMsye ADJ9030735

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