Nordstroms; Permissibly Self-Insured Deborah Arriola-Lara WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBORAH ARRIOLA-LARA, Applicant,vs.NORDSTROMS; Permissibly Self-Insured, Defendant.Case Nos. ADJ593283 (AHM 0117827) ADJ1747148 (AHM 0117828) ADJ196184 (AHM 0117826)OPINION AND ORDER DENYING PETITION FOR REMOVAL AND GRANTING REMOVAL ONBOARD MOTION ON LIMITED ISSUE OF SANCTIONS AND NOTICE OF INTENTION TO IMPOSE SANCTIONS Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated May 16, 2011, wherein the workers’ compensation administrative law judge (WCJ) ordered that the supplemental deposition of applicant be taken at applicant’s attorney’s office on a date and time to be mutually agreed by the parties. Defendant contends that the WCJ should have enforced his prior order to attend the deposition at defendant’s office; that the WCJ violated defendant’s right to due process of law; that applicant waived any objection by appearing at defendant’s office for a deposition; and that the WCJ violated Code of Civil Procedure section 2025.250 without showing of good cause. Applicant has filed an answer. For reasons set forth by the WCJ in his Report and Recommendation, which we adopt and incorporate herein, we deny the petition. We also note that defendant’s petition with attachments constituted 114 pages. The attachments include seven documents that are not in the record and nine documents that are already in the record. Documents already in the record constitute the overwhelming number of pages of attachments. WCAB Rule 10842(c) (Cal. Code Regs., tit. 8, § 10842(c)) provides: “Copies of documents that have already been received in evidence or that have already been made part of the adjudication file shall not be attached as exhibits to petitions for reconsideration, removal, or disqualification or answers thereto.” Labor Code section 5813 provides that sanctio
Deborah Arriola-lara vs. Nordstroms; Permissibly Self-insured
In this case, Deborah Arriola-Lara was appealing a decision by the workers' compensation administrative law judge (WCJ) to take a supplemental deposition at her attorney's office. Nordstroms, the defendant, filed a petition for removal, arguing that the WCJ should have enforced his prior order to attend the deposition at their office and that the WCJ violated their right to due process of law. The Appeals Board denied the petition and issued a notice of intention to impose sanctions of $250 for attaching documents to the petition that were already part of the adjudicatory record, in violation of Labor Code section 5813 and WCAB Rule 10842(c).
- Filed On:
- Court: Anaheim, California
- Case No. ADJ593283
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