NEWPORT MESA UNIFIED SCHOOL DISTRICT; KEENAN & ASSOCIATES, CARMEN SANTANGELO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARMEN SANTANGELO, Applicant,vs.FOR REMOVAL NEWPORT MESA UNIFIED SCHOOL DISTRICT; KEENAN & ASSOCIATES, Defendant(s).Case No. ADJ3897299 (ANA 0372417)OPINION AND ORDER DENYING PETITION FOR REMOVAL Daniel Escamilla, who identifies himself as “real party in interest,” has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated June 25, 2009, wherein the workers’ compensation administrative law judge (WCJ) denied petitioner’s requests for an order that an attorney to be appointed to represent him; an order that the Division of Workers’ Compensation (DWC) prepare trial transcripts for all of the prior hearings in this case; and an order that DWC or defendant pay for trial transcripts and the appointed attorney. The WCJ also ordered that the matter be continued to further hearing on July 10, 2009. Petitioner contends that it was error to continue the trial within fifteen days because his prior attorney is no longer able to represent him and he has not been able to find a new attorney; that the order will cause irreparable harm and significant prejudice because “{t]he proceedings herein involve petitioner’s right to continue to his livelihood of representing lien claimants before the WCAB”; that he is entitled to an appointed attorney because of the quasi-criminal nature of the revocation proceedings brought against him; that he is entitled to an appointed attorney because he is unable to find an attorney willing to represent him; that he has a right to effective counsel which requires preparation of transcripts of prior proceedings for a new attorney’s review; and that DWC or defendant must pay for the attorney and transcripts because petitioner is indigent. Defendant has filed an answer. , On January 22, 2008, there was a mandatory settlement conference in
Carmen Santangelo, vs. Newport Mesa Unified School District; Keenan & Associates,
(ANA 0372417) is a case in which Daniel Escamilla, the real party in interest, filed a petition for removal to the Workers' Compensation Appeals Board requesting that the appeals board rescind the Order dated June 25, 2009, wherein the workers' compensation administrative law judge denied Escamilla's requests for an order that an attorney be appointed to represent him, an order that the Division of Workers' Compensation prepare trial transcripts for all of the prior hearings in the case, and an order that DWC or defendant pay for trial transcripts and the appointed attorney. The WCAB denied the petition for removal, noting that the issue of whether Escamilla should be permitted to continue to appear before the appeals board may not be decided by the WC
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ3897299
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