Andrew Suleman vs. Newport Mesa Unified School District Permissibly Self-insured Administered By Keenan & Associates

In this case, the Workers' Compensation Appeals Board denied the Petition for Removal filed by Andrew Suleman against the Newport-Mesa Unified School District, which was permissibly self-insured and administered by Keenan & Associates. The Board found that Suleman had failed to fairly state all of the material evidence relative to the point or points at issue, and that he had sought to mislead the judge by an artifice or false statement of fact or law. The Petition for Removal was denied.

NEWPORT MESA UNIFIED SCHOOL DISTRICT permissibly self-insured administered by KEENAN & ASSOCIATES ANDREW SULEMAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANDREW SULEMAN, Applicant,vs.NEWPORT-MESA UNIFIED SCHOOLDISTRICT, permissibly self-insured,administered by KEENAN & ASSOCIATES, Defendants.Case No. ADJ8972463(Santa Ana District Office)ORDER DENYINGPETITION FOR REMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will deny removal.            Petitioner is cautioned to read and comply with Workers’ Compensation Appeals Board (WCAB) Rule 10842(a) and California Rules of Professional Conduct 5-200(A) and (B).WCAB Rule 10842(a) states:            “Every petition for reconsideration, removal, or disqualification shall fairly state all of the material evidence relative to the point or points at issue. Each contention contained in a petition for reconsideration, removal, or disqualification shall be separately stated and clearly set forth. A failure to fairly state all of the material evidence may be a basis for denying the petition.” (Cal. Code Regs., tit. 8, § 10842(a).)            Rules of Professional Conduct 5-200, subdivisions (A) and (B) state:            “In presenting a matter to a tribunal, a member: (A) Shall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth; (B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law[.]”/ / // / / ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________DEIDRA E. LOWE        I CONCUR,        _____________________

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