Florene Hartfield vs. LA Unified School District & Sedgwick Claims

In this case, the Los Angeles Unified School District and Sedgwick Claims Management Services filed a petition for removal, requesting that the Workers' Compensation Appeals Board rescind the Order dated June 4, 2007, wherein the workers' compensation administrative law judge set the matter for trial. The petition was denied as the defendants had notice of the applicant's claim that she had filed a petition to reopen no later than receipt of copies of the Declarations of Readiness to Proceed dated November 21, 2005. The case was returned to the trial level for further proceedings and decisions by the WCJ, including the trial scheduled for August 13, 2007.

Los Angeles Unified School District; Sedgwick Claims Management Services Florene Hartfield WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFLORENE HARTFIELD, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT; SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. MON Q281584OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order dated June 4, 2007. wherein the workers’ compensation administrative law judge (WCJ) set this matter for trial. Petitioner contends that it will suffer substantial prejudice and irreparable harm and will be deprivedpf due process of law if this case proceeds to trial without allowing petitioner to depose the applicant and obtain further medical evaluation. Applicant has filed an answer. We deny the petition.            Applicant, while employed as a teacher on October 2, 2000, sustained industrial injury to her left shoulder, left ankle, left knee and left hip. On October 2, 2002, she received a stipulated award of 45% permanent disability and need for further medical treatment.            It appears that applicant filed a petition to reopen pursuant to Labor Code sections 5803, 5804 and 54101 on May 4. 2005. The original petition is not in the board’s file. However, there is a copy of the petition showing a date stamp of May 4, 2005. Attached to the petition a medical report of Gil Tepper, M.D., dated February’ 28, 2005, and a proof of service showing service by mail on petitioner’s counsel at his correct address. 1 Unless otherwise specified, all statutory references are to the Labor Code. , `Petitioner contends that it did not receive a copy of the petition to reopen until themandatory settlement conference (MSC) held on June 4, 2007. However, after careful review ofthe board’s file, we note the following procedural history.            On December 6, 2005 applicant filed two Declarations of Readiness to Proceed (DORs).One reque

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