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Anthony Staten (deceased) Maurita Staten (widow) vs. Seligman Western Enterprises, Dba Ellington Apartments

Seligman Western Enterprises, dba Ellington Apartments Anthony Staten (Deceased) Maurita Staten (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY STATEN (Deceased) MAURITA STATEN (Widow), Applicant,vs.SELIGMAN WESTERN ENTERPRISES, dba ELLINGTON APARTMENTS, Defendant.Case Nos. ADJ2817273 (LAO 0807976)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant, Ellington Apartments, has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 3, 2011, wherein the workers’ compensation administrative law judge (WCJ) continued the matter to trial. Defendant contends that the case is not ready for trial because it has not been served with all medical reports, bills and liens by applicant and has not had the opportunity to complete discovery. Applicant has filed an answer.            Applicant, while allegedly employed as a janitor and building maintenance person in January 2002, claims to have sustained an industrial injury to her spine and left wrist (ADJ2817273).1 Defendant denied that applicant was an employee. No benefits were paid until the case was settled by Compromise and Release on October 11, 2011. The settlement provided for payment to applicant of $12,000.00, less attorney fees, and payment of liens.            On June 16, 2002, applicant filed a Petition for Increased Benefits Pursuant to Labor Code § 132a, alleging that she was wrongfully discharged by defendant on March 4, 2002, in violation of Labor Code section 132a.2 Section 132a provides that where an employer discharges an injured employee , because of his or her injury, “the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by t

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