Safelite Fulfillment, Inc.; Sedgwick Claims Management Services Eddy Ulin WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAEDDY ULIN, Applicantvs.SAFELITE FULFILLMENT, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, DefendantsAdjudication Numbers: ADJ12386002, ADJ12386000 Santa Ana District OfficeOPINION AND ORDER DISMISSING PETITION FOR REMOVAL Defendant filed a Petition for Removal regarding the December 1, 2020 Minute Order setting these matters for trial issued by the workers’ compensation administrative law judge (WCJ). Defendant contends that it was a violation of due process for the WCJ to order it to recalculate applicant’s temporary disability rate, to pay temporary disability indemnity and penalties, to reimburse the Employment Development Department, and to utilize an agreed medical examiner (AME) or cross-examine the panel qualified medical examiner (PQME), all without an evidentiary hearing. In fact, we find no such orders in the record and note that these cases have instead been set for trial on February 8, 2021. Accordingly, based on our review of the record, the petition is subject to dismissal because defendant is not aggrieved. , For the foregoing reasons, IT IS ORDERED that the Petition for Removal is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD/s/ KATHERINE WILLIAMS DODD, COMMISSIONERI CONCUR,/s/ KATHERINE A. ZALEWSKI, CHAIR/s/ JOSÉ H. RAZO, COMMISSIONERDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JANUARY 19, 2021SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW ATTHEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.EDDY ULINLAW OFFICES OF REZAI & ASSOCIATESPARK GUENTHARTPAG/ara ADJ12386002 , ADJ12386000
Eddy Ulin vs. Safelite Fulfillment, Inc.; Sedgwick Claims Management Services
In this case, the Workers' Compensation Appeals Board dismissed the Petition for Removal filed by Defendant Safelite Fulfillment, Inc. and Sedgwick Claims Management Services. The Petition for Removal was regarding the December 1, 2020 Minute Order setting these matters for trial issued by the workers’ compensation administrative law judge. The Board found that there were no orders in the record for the defendant to recalculate the applicant's temporary disability rate, pay temporary disability indemnity and penalties, reimburse the Employment Development Department, or utilize an agreed medical examiner or cross-examine the panel qualified medical examiner. The cases were instead set for trial on February 8, 2021. Therefore, the Petition for Removal was dismissed.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ12386002
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.