JOHN SHEK vs. CHILDREN’S HOSPITAL AND RESEARCH CENTER OF OAKLAND; ZURICH AMERICAN INSURANCE, Administered By ESIS

, ADJ7632939John Shek sought to have the Workers' Compensation Appeals Board reconsider and remove two orders issued by the WCJ that sustained objections to his subpoenas for witnesses and excused them from appearing at trial. The WCAB dismissed his petitions for reconsideration and denied his petition for removal, finding that the orders were not final and that he had not met the requirements for removal.

CHILDREN’S HOSPITAL AND RESEARCH CENTER OF OAKLAND; ZURICH AMERICAN INSURANCE, administered by ESIS JOHN SHEK WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOHN SHEK, Applicant,vs.CHILDREN’S HOSPITAL AND RESEARCH CENTER OF OAKLAND; ZURICHAMERICAN INSURANCE, administered by ESIS, Defendants.Case Nos. ADJ7785733, ADJ7632939(San Francisco District Office)OPINION AND ORDER DISMISSING PETITIONS FOR RECONSIDERATIONAND DENYING PETITION FOR REMOVAL            In his July 31, 2012 Petition for Reconsideration, applicant, acting in pro per, seeks reconsideration of the Order Sustaining Objections to the Subpoenas of Witnesses served on July 12, 2012. In that order, the workers’ compensation administrative law judge (WCJ) sustained objections to applicant’s subpoenas for Wei-Lin Tu, Brenda Husband, Joseph Robinson and Susanna Ziegler and excused those individuals from appearing at trial. The order also stated that applicant may be sanctioned if he issues any further subpoenas for witnesses not named at the August 18, 2011 hearing. In applicant’s August 3, 2012 Amended Petition for Reconsideration / Petition for Removal, applicant appears to seek reconsideration or removal of both the July 12, 2012 order and the WCJ’s July 30, 2012 Order Excusing Appearance of Nato Green at Trial. In the latter order, the WCJ excused Mr. Green from all upcoming hearings unless specifically ordered by the court.            In essence, applicant contends that the WCJ erred by quashing the subpoenas and excusing the witnesses from testifying, because those witnesses were necessary for a fair trial. Applicant also contends that that the WCJ should not have excused the appearance of Nato Green, because the WCJ relied on a false declaration stating that Mr. Green was not located in California.            We have considered the original Petition for Reconsideration and the amended Petition, and we have reviewed the record in this matter. We received an Answer from defendant. We have also recei

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

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

Copyright © 2023 - CompFox Inc.