Henry Matusevic vs.

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Removal filed by Defendant Liberty Mutual Insurance Company, which requested that the Appeals Board rescind an Order dated October 1, 2013. The Petition for Removal was rendered moot as the trial went forward on October 31, 2013, and the Board dismissed the Petition.

HENRY MATUSEVIC WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHENRY MATUSEVIC, Applicant,vs.CHANNEL INDUSTRIES; LIBERTYMUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ7106579(Oxnard District Office)OPINION AND ORDERDISMISSING PETITION FORREMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated October 1, 2013, wherein the workers’ compensation administrative law judge (WCJ) ordered the matter continued to trial on October 31, 2013, and ordered Matthew Smith, defendant’s claims adjuster, to appear at trial. Defendant contends that the Order will result in significant prejudice and irreparable harm, “including expenses to have the insurance adjuster to travel from Beaverton, Oregon to Oxnard, California and the inconvenience and expense of having the insurance adjuster away from his normal work duties and arranging coverage” (pages 3-4). Attorney John D. Moloney has filed an Answer.            The trial went forward on October 31, 2013. Matthew Smith did not appear. The WCJ issued a Notice of Intent to Sanction and a Notice of Intent to Award Costs. Defendant Liberty Mutual and Matthew Smith, individually and separately, were given fifteen days to respond as to why these sanctions and costs should not issue. No response from either has been recorded in EAMS. However, the trial on October 31, 2013, has rendered defendant’s Petition for Removal moot, and we dismiss it.//////////// ,             For the foregoing reasons,IT IS ORDERED that defendant’s Petition for Removal is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_____________________________________________RONNIE G. CAPLANEI CONCUR,_____________________________________________MARGUERITE SWEENEY_____________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA            JAN 03 2014SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT O

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.