Chateau Hotel, and Firstcomp Omaha for Southern Insurance Company David Wilkie WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID WILKIE, Applicant,vs.CHATEAU HOTEL, and FIRSTCOMP OMAHA forSOUTHERN INSURANCE COMPANY, Defendants. Case No. ADJ7046175 (Santa Rosa District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Finding and Order dated January 28, 2013, wherein the workers’ compensation administrative law judge (WCJ) denied applicant’s petition to quash depositions. Applicant contends that defendant’s subpoenas were only notices of intention to depose witnesses, not notices of the depositions of witnesses; that notices of the depositions did not provide information required by Code of Civil Procedure (CCP) section 2025.270; and that applicant’s attorney did not get proper and legal notice of the depositions. Defendant has filed an Answer. Applicant, while employed as a maintenance man on July 17, 2009, sustained an admitted industrial injury to his left upper extremity and claims to have sustained injury other multiple body parts. The case came on for trial on April 30, 2012. Applicant testified. Six issues were identified for decision. On July 13, 2012, the WCJ issued a Findings and Order, awarding reimbursement to applicant’s wife for home health care and deferring other issues. Meanwhile, on June 27, 2012, defendant issued subpoenas to Israel Clews and Jane Hensley for depositions on July 27, 2012. Copies of the subpoenas were served on applicant’s attorney, who contends that he did not receive copies of the subpoenas and that he was not served with proof of service of the deponents until July 23, 2012. Applicant filed a petition to quash the subpoenas on July 25, 2012. The depositions went forward on July 27, 2012. Applicant’s attorney did not appear at the depositions. , On October 23, 2012
Menu
