Carollyn Joe vs. County Of Santa Clara Department Of Probation, Permissibly Self-insured, Administered By County Of Santa Clara Employee Services Agency Risk Management Department

This case involves a dispute between Carollyn Joe, an employee of the County of Santa Clara Department of Probation, and the County of Santa Clara Department of Probation, permissibly self-insured, administered by the County of Santa Clara Employee Services Agency Risk Management Department. Joe alleged injury arising out of and in the course of her employment to her psyche. The Workers' Compensation Appeals Board granted reconsideration of the October 9, 2013 Notice of Intent to Sanction Applicant; Notice of Intent to Sanction Defendant; and Order Vacating Submission in Order for Development of the Record issued by the workers' compensation administrative law judge (WCJ). The Interim Findings of Fact and the Notice of Intent to Sanction were rescinded, and the

COUNTY OF SANTA CLARA DEPARTMENT OF PROBATION, permissibly self-insured, administered by COUNTY OF SANTA CLARA EMPLOYEE SERVICES AGENCY RISK MANAGEMENT DEPARTMENT CAROLLYN JOE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLLYN JOE, Applicant,vs.COUNTY OF SANTA CLARA DEPARTMENTOF PROBATION, permissibly self-insured,administered by COUNTY OF SANTA CLARAEMPLOYEE SERVICES AGENCY RISKMANAGEMENT DEPARTMENT, Defendant.Case No. ADJ8788887(San Jose District Office)OPINION AND ORDERDENYING PETITION FORREMOVAL, GRANTING PETITIONFOR RECONSIDERATION ANDDECISION AFTERRECONSIDERATION            Applicant and defendant filed Petitions for Removal of the October 9, 2013 Notice of Intent to Sanction Applicant; Notice of Intent to Sanction Defendant; and Order Vacating Submission in Order for Development of the Record issued by the workers’ compensation administrative law judge (WCJ). Applicant also seeks reconsideration of the WCJ’s decision. In his decision, the WCJ issued six Interim Findings of Fact, three separate notices under the Notice of Intent to Sanction, and a Discovery Order. The Interim Findings of Fact determined threshold issues related to, among other things, allegations of ex parte communications, evidence of delays by the parties, admissibility of evidence, causation of applicant’s alleged psychiatric condition, and classification of events of employment as personnel actions. The Notices of Intent to Sanction notified applicant and defendant that the WCJ contemplated imposing sanctions on applicant and defendant for issues that were raised upon the WCJ’s own motion, and which were not intended to address prior sanctions petitions filed by the parties and deferred at trial. The Discovery Order directed the parties to set the depositions of the primary treating physician, Dr. Torrez, and the Qualified Medical Examiner (QME), Dr. Green. Lastly, the WCJ also vacated submission of the case, pending completion of further discovery pursuant to his Discovery

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