Home/Case Law/OSIEL GARZA vs. COUNTY OF TULARE, CORVEL
Regular DecisionWorkers' Compensation

OSIEL GARZA vs. COUNTY OF TULARE, CORVEL

Filed: Mar 07, 2016
Fresno
ADJ6914901, ADJ3554819 (GRO 0003162), ADJ1000021 (GRO 0002782)

CompFox AI Summary

The WCAB granted the employer's petition for removal, reversing a prior order that required claims handlers to appear at a status conference. The Board found the mandatory appearance of claims handlers from out of the local area to be burdensome and costly, causing substantial prejudice. While affirming the general order to rescind a previous award, the WCAB amended it to remove the personal appearance requirement for the claims handlers. This decision emphasizes that defense counsel's presence and a claims handler's availability by phone generally suffice for such conferences.

Full Decision Text1 Pages

The WCAB granted the employer's petition for removal, reversing a prior order that required claims handlers to appear at a status conference. The Board found the mandatory appearance of claims handlers from out of the local area to be burdensome and costly, causing substantial prejudice. While affirming the general order to rescind a previous award, the WCAB amended it to remove the personal appearance requirement for the claims handlers. This decision emphasizes that defense counsel's presence and a claims handler's availability by phone generally suffice for such conferences.

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