BEST ROOFING AND WATERPROOFING; CNA CLAIMS, CHARLES LOPEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHARLES LOPEZ, Applicant,vs.BEST ROOFING AND WATERPROOFING;CNA CLAIMS, Defendant(s).Case No. ADJ194480 (VNO 0510012)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated June 15, 2009, wherein the workers’ compensation administrative law judge (WCJ) stated: “Applicant to develop the record by obtaining a [permanent and stationary] report from Dr. Herring regarding compensable consequence injuries. [Defendant] objects.” Defendant contends that the WCJ abused his discretion by ordering development of the record in circumvention of Labor Code section 5502(e)(3);’ that the WCJ improperly ordered development of the record on an issue not raised at the mandatory settlement conference or at trial; and that the WCJ erred in not excluding applicant’s medical reports pursuant to sections 4061 and 4062. Applicant has filed an answer. Applicant, while employed as a roofer on July 12, 2004, sustained an industrial injury to his left and right feet and claims to have sustained injury to his right ankle, knees, eyes, psyche, and internal (diabetes). The matter came on for trial on March 17, 2009. Applicant’s Exhibits 2, 3 and 4 (medical reports of Charles Herring, M.D., Dominic Signorelli, M.D., and Jay Richlin, M.D.) were admitted into evidence over defendant’s objections (Minutes of Hearing, pages 3-4). After 1Unless otherwise specified, all statutory references are to the Labor Code. , trial, including testimony of three witnesses, the WCJ vacated submission of the matter and scheduled a status conference, at which he issued the Order at issue herein. WCAB Rule 10843(a) (Cal. Code Regs., tit. 8, § 10843(a)) provides that a petition for removal may be based on the grounds that the order, decision or action will result in sign
Charles Lopez, vs. Best Roofing And Waterproofing; Cna Claims,
This case involves a workers' compensation claim filed by Charles Lopez against Best Roofing and Waterproofing. The defendant filed a petition for removal, requesting that the appeals board rescind an order from the workers' compensation administrative law judge (WCJ) to develop the record by obtaining a permanent and stationary report from Dr. Herring regarding compensable consequence injuries. The WCAB denied the petition for removal, stating that the WCJ did not abuse his discretion in ordering development of the record and that defendant had not demonstrated that the order would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ194480
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