Diana Ochoa vs. County Of Los Angeles Department Of Public Social Services Sedgwick Cms

This case involves a dispute between Diana Ochoa, the applicant, and the County of Los Angeles, Department of Public Social Services and Sedgwick CMS, the defendants. The applicant's attorney requested a deposition fee of $1,300 pursuant to Labor Code section 5710. The WCJ issued an order allowing the fee request in full, but provided that it would be void if the defendant filed a written objection with good cause within 20 days. The defendant filed two objections to the order, stating that $250 was a reasonable hourly fee and that they were willing to pay a fee of $812.50. The WCJ overruled the objections and the defendant filed a petition for removal and reconsideration. The petition for removal was dismissed as

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC SOCIAL SERVICES SEDGWICK CMS DIANA OCHOA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIANA OCHOA, Applicant,vs.COUNTY OF LOS ANGELES, DEPARTMENTOF PUBLIC SOCIAL SERVICES;SEDGWICK CMS, Defendants.Case No. ADJ9058932(Anaheim District Office)OPINION AND ORDERSDISMISSING PETITION FORREMOVAL ANDDISMISSING PETITION FORRECONSIDERATION            Defendant, County of Los Angeles, Department of Public Social Services, permissibly self- insured, has filed a petition seeking the removal of this matter to the Appeals Board pursuant to Labor Code section 5310, for review of an order of a workers’ compensation administrative law judge (WCJ) ordering defendant to pay applicant’s attorney a Labor Code section 5710 deposition fee of$1,300.            Defendant contends it was denied due process of law when the WCJ informed defendant in correspondence that he overruled its timely objection to the order to pay applicant’s attorney’s deposition fee of $1,3 00, and failed to provide defendant with an opportunity to present evidence to show that applicant’s attorney’s fee, based upon a rate of $400 per hour, was not reasonable.            For the reasons set forth below, we shall dismiss defendant’s petition for removal. Treating defendant’s petition as seeking reconsideration from a final order, we will also dismiss it as having been untimely filed.I.            Defendant took applicant’s deposition on January 13, 2014. Applicant’s attorney submitted a petition for deposition fees pursuant to Labor Code section 5710 on April 1, 2014. The petition requested a fee of $1,3 00 for 3 .25 hours at the rate of $400 per hour.            The WCJ issued an order on April 7, 2014, allowing the fee request in full, but provided: “In the event of a written objection, setting forth good cause, is filed and served within 20 days after service , hereof, this Order shall be of no force or effect.”            In response, defendant filed two objecti

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