Jesus Tovar, vs. Embree Buses, Inc.; Administered By broadspire, A Crawford Company,

This case is about Jesus Tovar, who is seeking reconsideration of an Order to Stay and Quash Deposition of Joseph Alban, M.D. issued by a workers' compensation judge on October 19, 2009. Tovar alleges that he was denied due process of law and that the deposition of the AME is necessary to develop the record fully in this matter. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the October 19, 2009 Order is not a final order. The Board also granted removal, rescinded the October 19, 2009 Order, and returned the matter to the trial level for further proceedings and a new decision by the WCJ.

EMBREE BUSES, INC.; Administered By BROADSPIRE, A CRAWFORD COMPANY, JESUS TOVAR, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS TOVAR, Applicant,vs.EMBREE BUSES, INC.; Administered By BROADSPIRE, A CRAWFORD COMPANY, Defendant(s).Case Nos. ADJ201636 (LAO 0837746)ADJ2224840 (VNO 0523995)ADJ729633 (VNO 0523997)ADJ3137727 (VNO 0521503)OPINION AND ORDERS DISMISSING RECONSIDERATION, GRANTING REMOVAL AND DECISION AFTERREMOVAL            Applicant seeks reconsideration of the Order to Stay and Quash Deposition of Joseph Alban, M.D. (Order), issued by a workers’ compensation judge (WCJ) on October 19, 2009, wherein the WCJ quashed without prejudice applicant’s “Notice of Cross-Examination of Agreed Medical Evaluator, Dr. Joseph Alban.” In the underlying claims, applicant alleges that he sustained industrial injury while employed as a general laborer to his back on May 30, 1995 (ADJ729633 [VNO 0523997]), to his left ankle on March 28, 2002 (ADJ2224840 [VNO 0523995]), and to his left and right ankles on October30, 2003 (ADJ201636 [LAO 0837746]).1            Applicant contends that the WCJ erred in quashing the deposition of the agreed medical examiner (AMiE), arguing that he was denied due process of law and that the deposition of the AME is necessary to develop the record fully in this matter. Applicant also contends he did not receive notice of the mandatory settlement conference (MSC) held on October 19, 2009.            No answer was received. We have considered the allegations of applicant’s petition and the record in this matter. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. 1The file in Case Number ADJ3137727 (VNO 0521503) has not been received by the Appeals Board. ,             Based on our review of the record and for the reasons stated herein, we will dismiss the petition for reconsideration because the October 19, 2009 Order is not a final order. We will also grant rem

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

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

Copyright © 2023 - CompFox Inc.