Home/Case Law/LETICIA GARCIA vs. CKE RESTAURANTS HOLDINGS, INC./TRAVELERS, ARM MANAGEMENT, INC./STATE FARM
Regular DecisionRemoval

LETICIA GARCIA vs. CKE RESTAURANTS HOLDINGS, INC./TRAVELERS, ARM MANAGEMENT, INC./STATE FARM

Filed: Feb 07, 2020
Los Angeles
ADJ11292762 ADJ11292764 ADJ12720128

CompFox AI Summary

Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.

Full Decision Text1 Pages

Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.

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LETICIA GARCIA vs. CKE RESTAURANTS HOLDINGS, INC./TRAVELERS, ARM MANAGEMENT, INC./STATE FARM (2020) – Los Angeles | CompFox