COUNTRY WIDE HOME LOANS, INC.; DYNAMIC CLAIM SERVICES, GERALDINE MORROW, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERALDINE MORROW, Applicant,vs.COUNTRY WIDE HOME LOANS, INC.; DYNAMIC CLAIM SERVICES, Defendant(s).Case No. ADJ478742 (VNO 0425811)ORDER DENYING PETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge with respect thereto. Based on our review of the record, and for the reasons stated in said report, which we adopt and incorporate, we will deny removal. Applicant has not shown that substantial prejudice or irreparable harm will result if removal is not granted nor has she shown that reconsideration will not be an adequate remedy after the issuance of a final decision, if it is adverse to her. (Cal. Code Regs., tit. 8, § 10843.) Among other things, applicant alleges that the WCJ has ordered her to produce records that are privileged and private under federal social security regulations. However, apart from a bare reference to copies of federal regulations she “already attached” in pleadings filed at the trial level, applicant cites no legal authority to support this allegation. (Cal. Code Regs., tit. 8, § 10846.) In any event, the WCJ’s order does not direct nor could it direct the Social Security Administration (SSA) to disclose applicant’s records. Instead, it orders applicant herself to provide copies of these records to defendant. If applicant does not have or does not have access to all of the ordered records, the SSA regulations permit her to give written consent to its disclosure of the records. (20 CFR §4 0 1 .100(a).) , For the foregoing reasons, IT IS ORDERED that said Petition for Removal, be, and the same hereby is, DENIED. WORKERS’COMPENSATION APPEALS BOARD _______________________________ NEIL P. SULLIVANI CONCUR,
Geraldine Morrow, vs. Country Wide Home Loans, Inc.; Dynamic Claim Services,
In this case, Geraldine Morrow petitioned for removal from the Workers' Compensation Appeals Board. The Board denied the petition, finding that Morrow had not shown that substantial prejudice or irreparable harm would result if removal was not granted, nor had she shown that reconsideration would be an adequate remedy after the issuance of a final decision. The Board also noted that Morrow had not provided legal authority to support her allegation that the WCJ had ordered her to produce records that were privileged and private under federal social security regulations. The petition was denied.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ478742
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