United Airlines, Gallagher Bassett Services, Inc. Jitka Van Dyne WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJITKA VAN DYNE, Applicant,vs.UNITED AIRLINES, GALLAGHERBASSETT SERVICES, INC., Defendants.Case Nos. ADJ526691 (LBO 0329338) ADJ3636578 (VNO 0535001)(Van Nuys District Office)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 (WCJ) 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. Given the extraordinary nature of the removal, we deny applicant’s petition. As the WCJ’s Report observes, applicant did not object to defendant’s declaration of readiness, plus the trial judge can decide the issue of the admissibility of the evidence.///////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Removal be, and the same hereby is, DENIEDWORKERS’ COMPENSATION APPEALS BOARD________________________________________DEIDRA E. LOWEI CONCUR,_______________________________________MARGUERITE SWEENEY_______________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAR 28 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ASVAR LAW, APCJITKA VAN DYNEWAI CONNORsye , Case numbers: ADJ526691, ADJ3636578JITKA VAN DYNE-PARMET,-vs.-UNITED AIRLINES; GALLAGHER BASSETT SERVICES, INC.JUDGE: DIANE BANCROFTDATE: March 8, 2013REPORT AND RECOMMENDATIONON PETITION FOR REMOVALI.INTRODUCTIONPLEASE NOTE – Trial is set with Judge Pollack on 04/16/2013[justify] 1. Identity of Petitioner: Applicant.[/justify][justify] 2. Timeliness: The petition is timely[/justify][justify] 3. Verification: the petition is verified[/justify][justify] 4. Date of Ac
Jitka Van Dyne vs. United Airlines, Gallagher Bassett Services, Inc.
is a case in which Jitka Van Dyne, the applicant, petitioned for removal from the Workers' Compensation Appeals Board. The petition was denied as the Board found that the applicant had not met the stringent standards for removal and that they had waived any objections to setting the case for trial by failing to timely object to the Declaration of Readiness. The Board also found that the applicant had an adequate remedy at law for evidence discovered after the Mandatory Settlement Conference.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ526691
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.