In this case, the Workers’ Compensation Appeals Board denied the defendant’s petition for removal, which requested that the Appeals Board reverse the Order dated October 20, 2011, wherein the workers’ compensation administrative law judge quashed the defendant’s Notice of Deposition of the applicant. The Board found that the defendant had not shown good cause for a subsequent deposition and had not demonstrated that it would suffer significant prejudice or irreparable harm.
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 Recomme
