Farzaneh Foroughi vs. County Of San Bernardino Department Of Risk Management

In this case, Farzaneh Foroughi, an employee of the County of San Bernardino, filed a Petition for Removal to reverse an Order Compelling her Deposition, Dismissing her Protective Order, and Order for Costs. The Workers' Compensation Appeals Board granted her Petition for Removal, rescinded the Order, and granted her Petition for Protective Order barring Axel Colin as an employer representative at her deposition.

COUNTY OF SAN BERNARDINO DEPARTMENT OF RISK MANAGEMENT FARZANEH FOROUGHI WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFARZANEH FOROUGHI, Applicant,vs.COUNTY OF SAN BERNARDINO;DEPARTMENT OF RISK MANAGEMENT, Defendants.Case No. ADJ9145716(Riverside District Office)OPINION AND ORDERGRANTING PETITION FORREMOVAL AND DECISIONAFTER REMOVAL            Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order Compelling Applicant’s Deposition, Dismissing Applicant’s Protective Order, and Order for Costs (Order) dated April 7, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered applicant to appear for a deposition on May 1, 2014; ordered that if applicant fails to appear and cooperate with her deposition, proceedings may be suspended or barred; ordered that applicant’s Petition for Protective Order is denied with prejudice; and ordered applicant to pay costs and expenses related to applicant’s Petition and applicant’s failure to the “aborted deposition” of February 7, 2014.            Applicant contends that the denial of her Petition for Protective Order is an abuse of discretion. Defendant has filed an answer. On April 30, 2014, the WCJ issued an Order Granting Stay of the Order dated April 7, 2014, pending disposition of applicant’s petition for removal.            Applicant, while employed as a graphic designer from July 1, 2008, through August 9, 2013, claims to have sustained an industrial injury to her psyche. In her petition, applicant states that she had worked for the employer for twenty-five years and that the underlying cause of her injury was her treatment by her supervisor, Axel Colin, for the previous five years. At a deposition on February 7, 2014, Axel Colin appeared as an employer representative. Applicant responded with “uncontrollable crying, shaking and severe distress.” Apparently, the deposition was terminated. ,             Applicant filed a Petition for Prote

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