WEST COAST PAINTING, INC.; CNA CLAIMS SERVICES DAVID ESPINOZA RODRIGUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID ESPINOZA RODRIGUEZ, Applicant,vs.WEST COAST PAINTING, INC.; CNACLAIMS SERVICES, Defendants.Case No. ADJ7621876OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated October 20, 2011, wherein the workers’ compensation administrative law judge (WCJ) quashed defendant’s Notice of Deposition of applicant. Defendant contends that the Order was issued in a non-noticed walk-through; that applicant’s condition has changed such that he may require back surgery; that applicant continues to treat outside of defendant’s medical provider network (MPN); and that there is no law, statute or principle that limits a defendant to a single deposition. Applicant has filed an answer. For the reasons set forth by the WCJ in his Report and Recommendation, which we adopt and incorporate herein, we deny the petition. We note that Code of Civil Procedure section 2025.610(a) and (b) provide that where a party has taken a deposition of any natural person, that party may not take a subsequent deposition of that deponent, but that for good cause shown, a court may grant leave for a subsequent deposition. We concur with the WCJ that defendant has not shown good cause for a subsequent deposition. We also concur that defendant has not demonstrated that it will suffer significant prejudice or irreparable harm, as required by WCAB Rule 10843 (Cal. Code Regs., tit. 8, § 10843)./ / // / // / / , For the foregoing reasons, IT IS ORDERED that defendant’s petition for removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________ALFONSO J. MORESIICONCUR,_______________________________________________JOSEPH M. MILLER_______________________________________________RONNIE G. CAPLANEDATED AND FILED AT SAN FR
