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Barbara Dangerfield vs. American Companion & Homemaker Services Inc State Compensation Insurance Fund

AMERICAN COMPANION & HOMEMAKER SERVICES INC STATE COMPENSATION INSURANCE FUND BARBARA DANGERFIELD WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA DANGERFIELD, Applicant,vs.AMERICAN COMPANION & HOMEMAKERSERVICES, INC.; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ3473535 (LAO 0873696)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL            Lien claimant, South Lake Medical Center (South Lake), has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated May 6, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered: “Percipient witnesses Paul Cohen and Brian [sic] Collins is [sic] ordered to personally appear to explain to the Court why applicant required more than the 24 visits as prescribed by the Labor Code. Failure to appear will result in dismissal .of lien of South Lake Medical and sanctions up to $2500.00, along with costs to defendant.”            South Lake contends that requiring the appearance of E. Wayne Collins, D.C., apparently misidentified in the Order as “Brian Collins,” will be disruptive to his medical practice and violates WCAB Rule 10606 (Cal. Code Regs., tit. 8, § 10606) [“Direct examination of a medical witness will not be received at trial except upon a showing of good cause”]; that Paul Cohen, a hearing representative, has· no personal knowledge as to why applicant required more than 24 chiropractic visits, if she did; that there is no legal basis for dismissal of a lien because of nonappearance of witnesses specified by a WCJ; that raising the issue of sanctions at the lien conference is prejudicial to South Lake; and that the case should be reassigned to a different WCJ. Defendant has not filed an answer.            Applicant, while employed as a caregiver on June 18, 2005, sustained an industrial injury to multiple body parts. She settled her case by Compromise and Release approved on October 11, 2011. At , a lien c

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