Home/Case Law/JAVIER GARCIA vs. YIRAE FASHION, INC., EMPLOYERS' COMPENSATION INSURANCE COMPANY
Regular DecisionRemoval

JAVIER GARCIA vs. YIRAE FASHION, INC., EMPLOYERS' COMPENSATION INSURANCE COMPANY

Filed: Jul 11, 2016
Los Angeles
ADJ9652696

CompFox AI Summary

The Appeals Board granted the applicant's petition for removal due to a May 24, 2016 Minute Order from the WCJ. The order's ambiguity regarding trial issues of "reopening the record" or "clarification" would cause the applicant irreparable harm. The Board found the WCJ's order lacked clarity on issues, stipulations, and admitted evidence, violating the duty to create a complete and comprehensible record. Consequently, the Minute Order was rescinded, and the case was returned to the trial level to properly clarify issues and establish the record.

Full Decision Text1 Pages

The Appeals Board granted the applicant's petition for removal due to a May 24, 2016 Minute Order from the WCJ. The order's ambiguity regarding trial issues of "reopening the record" or "clarification" would cause the applicant irreparable harm. The Board found the WCJ's order lacked clarity on issues, stipulations, and admitted evidence, violating the duty to create a complete and comprehensible record. Consequently, the Minute Order was rescinded, and the case was returned to the trial level to properly clarify issues and establish the record.

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