RAMTEX INC EMPLOYERS COMPENSATION INSURANCE COMPANY JOSE GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE GARCIA, Applicant,vs.RAMTEX INC.; EMPLOYERSCOMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ9230683(Los Angeles District Office)ORDER DENYINGPETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the Report ofthe workers’ compensation administrative law judge with respect thereto. Based on our review of therecord, and for the reasons stated in said Report, which we adopt and incorporate, we will deny removal. Furthermore, we agree with defendant who stated in its verified answer in part as follows: “Finally, Applicant attempts to call into question Defendant’s denial of the claim based upon good faith investigation. Defendant took the deposition of the applicant and based upon this deposition the claim was denied. Defendant never claimed to have spoken to any employer witnesses. There are no witness statements. Defendant listed witnesses and Applicant could have deposed those or any other witnesses. Applicant is attempting to blame Defendant for his lack of due diligence in preparing for hearing.” (Answer p. 3:12-17.)/ / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Removal be, and the same hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD DEPUTY_____________________________________________RICK DIETRICH I CONCUR, _____________________________________________RONNIE G. CAPLANE _____________________________________________KATHERINE ZALEWSKI DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUL 07 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JOSE GARCIAROBIN JACOBSTOBIN LUCKSsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compe
Jose Garcia vs. Ramtex Inc Employers Compensation Insurance Company
is a case in which Jose Garcia, the applicant, filed a petition for removal against RAMTEX INC and Employers Compensation Insurance Company, the defendants. The Workers' Compensation Appeals Board reviewed the allegations of the Petition for Removal and the contents of the Report of the workers' compensation administrative law judge and determined that the petition should be denied. The Board agreed with the defendant's statement that the applicant was attempting to blame the defendant for his lack of due diligence in preparing for the hearing. The petition for removal was denied.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ9230683
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