Blanca Gutierrez vs. Phillip & Inge Boskovich And State Farm Insurance Company

(MON 0359586)Phillip & Inge Boskovich and State Farm Insurance Company were involved in a workers' compensation case in which the administrative law judge ruled that the defendant's efforts to obtain information beyond the corporate setting was not within the jurisdiction of the Workers' Compensation Appeals Board. The defendant filed a Petition for Removal, which was denied by the Appeals Board due to the lack of evidence that a lien had been filed by Sepulveda Plaza Medical Center. The Appeals Board noted that if a lien was filed, the parties should agree on a special master to supervise discovery disputes.

Phillip & Inge Boskovich and State Farm Insurance Company Blanca Gutierrez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABLANCA GUTIERREZ, Applicant,vs.PHILLIP & INGE BOSKOVICH and STATE FARM INSURANCE COMPANY, Defendant(s).Case No. ADJ1067975 (MON 0359586)OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant, State Farm has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the order of the workers’ compensation administrative law judge (WCJ) “that the Defendant’s efforts to obtain information over and beyond the corporate setting is not within the jurisdiction of the Workers’ Comp [sic]” (Deposition of Vikram Singh, M.D., December 2, 2010, page 77, lines 11-13). Defendant contends that the order will result in significant prejudice in its efforts to defend itself on the lien filed by Sepulveda Plaza Medical Center (Sepulveda). We have received an answer filed by Sepulveda, which identifies itself as a “lien claimant.”            Applicant, while employed as a housekeeper on February 25, 2008, sustained an industrial injury to various body parts. She settled her case by Compromise and Release (C&R) dated July 30, 2009. The C&R contains an Affidavit of Defendant Re: Resolution of Liens that recites, “There are no outstanding liens on this file.” On August 31, 2010, we issued an Opinion and Order Dismissing Petition for Removal filed by Garo Tchakian, D.C., on the ground that there was no evidence that Dr. Tchakian has filed a lien in this case.            In her Report and Recommendation, the WCJ states: “In reviewing this file, it has been determined that there is no lien filed on behalf on Sepulveda Plaza Medical Center. Since Sepulveda Plaza Medical Center is not a party, the Appeals Board lacks jurisdiction to make , and/or enforce any orders, including discovery orders” (page 2). In our independent review of the EAMS file and the paper file, we have found no evidence that a lien has been filed by

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