HernandezJ.doc - WORKERS COMPENSATION APPEALS BOARD STATE...

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WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case Nos. ADJ2182149 (LAO 0837423) JOSE H. HERNANDEZ, Applicant , ADJ3329537 (ANA 0360928)
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vs. OPINION AND ORDER DISMISSING PETITION FOR REMOVAL AMS STAFF LEASING, 1 Defendant(s). 2
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Defendant sought removal, requesting that the Appeals Board rescind the Orders filed and served on July 27, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to produce its claims adjuster for deposition on September 28, 2010, and “to produce at said deposition the original and/or copies in his/her control of each of the documents 1   The caption of the Orders, which are the subject of defendant’s petition herein, names only the employer as 3
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identified in Appendix A, Item #3 of applicant’s Notice of Taking Deposition and Demand for Production of Documents, and all utilization review referrals and responses.” Defendant contended that it would be irreparably harmed by the WCJ’s Orders, arguing that the broad scope of discovery ordered would require deposition testimony and document production that exceeds any reasonable or established needs of applicant. Defendant further contended that it 4
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was prejudiced in pursuing removal because the WCJ did not explain the reasons for his decision, the exhibits offered by the parties were not admitted into evidence, no summary of evidence was prepared, the issues and stipulations were not formulated on the record, and the exhibits relied on by the WCJ were not scanned into the Electronic Adjudication Management System (EAMS) “due to a back log [sic] in scanning.” (Petition to Remove, 4:20.) defendant, and fails to name any insurance carrier. Our review of the paper and electronic records in this case 5
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We have considered defendant’s petition and applicant’s answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Removal (Report) recommending that the petition be denied. In preparing this opinion for filing and service, we discovered that this matter was settled by a Compromise and Release (C&R), which was approved by a different WCJ on January 18, 2011. 6
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But for that discovery, we would have granted removal, rescinded the WCJ's Orders, and returned the matter to the trial level for preparation of a proper record, because the record in this case, as discussed below, is inadequate and incomplete. Those actions are no longer necessary because approval of the C&R has rendered defendant’s petition moot. Nevertheless, defendant’s petition for reveals a variety of entities identified as defendants: American Casualty, Broadspire Ins. Cos., RSKCo, Broadspire 7
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removal is still pending and must be acted upon. Given that the issues raised in the petition are now moot, we will dismiss it.
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  • Spring '14
  • KimberlyK.Boone
  • Computer file, Workers' compensation, appeals board, WCJ

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