KING SCHOOLS, INC., LIBERTY MUTUAL INSURANCE COMPANY, ANITA CHARNEY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANITA CHARNEY, Applicant,vs.KING SCHOOLS, INC., LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s).Case No. ADJ445851 (SDO 0285518)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration of the Order, issued September 9, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant’s counsel to “provide defense counsel his accident reconstructionist’s photos of accident scene and scaled vehicle dynamics scene diagram referred to in his June 18, 2008 report, whether from his own files, or following demand to the reconstructionist. Search of files and/or demand letter to reconstructionist to be completed/sent by October 12, 2009.” The Order was issued at a status conference attended by the parties on that date. Applicant contends that the WCJ erred by ordering applicant’s counsel to produce these documents without additionally ordering defendant to pay applicant’s counsel $3,000.00 for the cost of obtaining the expert opinion report. Furthermore, applicant contends that the WCJ erred by setting October 12, 2009 as the date to comply with the Order arguing that the date “is a legal holiday and applicant attorney will be on vacation commencing the prior Friday and ending October 15, 2009.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted at page 3: “Because petitioner’s reconstructionist’s 6-18-08 report was served upon defendant prior to the status conference without two items , mentioned in the report, defendant made a demand for the unserved items which he specified. Applicant’s counsel, Mr. Cohen, did not have the missing items with him at the status conference, and did not know whether he had ever received the items from his expert. Mr.
Anita Charney vs. King Schools & Liberty Mutual Appeal
(SDO 0285518) is a case in which Anita Charney, the applicant, sought reconsideration of an order issued by the workers' compensation administrative law judge (WCJ). The order required Charney's counsel to provide defense counsel with photos of the accident scene and a scaled vehicle dynamics scene diagram referred to in a June 18, 2008 report. Charney argued that the WCJ erred by not ordering the defendant to pay $3,000 for the cost of obtaining the expert opinion report and by setting October 12, 2009 as the date to comply with the order. The Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, noting that the WCJ's order was not a final order and
- Filed On:
- Court: California, San Diego
- Case No. ADJ445851
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