GRANITE CONSTRUCTION, INC.; CNA CLAIMS PLUS, FAUSTO MERAZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFAUSTO MERAZ, Applicant,vs.GRANITE CONSTRUCTION, INC.; CNACLAIMS PLUS, Defendant(s).Case No. ADJ2067379 (RIV 0076751)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL On August 24, 2009, defendant has filed an untimely, verified petition for removal, requesting that the appeals board reverse the Order dated July 30, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter of calendar and stated: “5/18/09 report of [Agreed Medical Evaluator] Dr. Levister recommends a psychoneuro work up by a Dr. Jennison. [Defendant] needs to have this work-up authorized before any other activity takes part on this case.” Defendant contends that this matter should have been set for trial at the mandatory settlement conference on July 30, 2009, because applicant failed to object to the Declaration of Readiness to Proceed as required by WCAB Rule 10416.1 Defendant also contends that it has been deprived of due process of law because there is no primary treating physician who has established a neuro-psychiatric injury; there is no substantial medical evidence that applicant has a neuropsychiatric injury; and that defendant has been deprived of its due process right to a state panel Qualified Medical Examiner. We have not received an answer from applicant. 1We note that this rule has been repealed and replaced by Court Administrator Rule 10251 (Cal. Code Regs., tit. 8,1025 1). , WCAB Rule 10843(a) provides: “At any time within twenty (20) days after the service of the order or decision, or of the occurrence of the action in issue, any party may petition for removal . . .” In this case, the Minutes of Hearing of July 30, 2009, show that the Minutes, including the Order in issue, were served personally on defendant at the hearing. Therefore, there was no allowance for additional time to file the petition pursuan
Fausto Meraz, vs. Granite Construction, Inc.; Cna Claims Plus,
is a case involving Granite Construction, Inc., CNA Claims Plus, and Fausto Meraz. Meraz, the applicant, filed a workers' compensation claim against Granite Construction and CNA Claims Plus. The defendant filed an untimely petition for removal, requesting that the appeals board reverse the order of the workers' compensation administrative law judge (WCJ). The WCJ had ordered a psychoneuro work up by a Dr. Jennison. The appeals board dismissed the petition for removal, noting that it was untimely and that the defendant had been deprived of due process of law because there was no primary treating physician who had established a neuro-psychiatric injury. The appeals board also adopted the WCJ's Report and Recommendation
- Filed On:
- Court: California, Riverside
- Case No. ADJ2067379
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