Nnc Management, Llc/Adp Total Source; Specialty Risk Services, Jose Rivas WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE RIVAS, Applicant,vs.NNC MANAGEMENT, LLC/ADP TOTAL SOURCE; SPECIALTY RISK SERVICES, Defendant(s).Case No. ADJ6875445OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition removal, requesting that the appeals board amend the order dated June 30. 2010, wherein the workers’ compensation administrative law judge (WCJ) continued this matter to trial on the issues of injury arising out of and occurring in the course of employment (AOE/COE) and temporary disability, deferring to the trial judge the question of whether other issues could be raised at the trial now scheduled for August 4. 2010. Defendant contends that it will be denied due process of law and substantially prejudiced if it must go to trial on the issue of temporary disability, wt have not received an answer from applicant. Applicant, while employed as a maintenance worker on January 16. 2009. claims to have sustained an industrial injury to his left knee and other body parts. The employer has denied the injury, asserting a “post-termination” defense (Labor Code section 3600(a)(10)).1 On March 1. 2010. defendant filed a Declaration of Readiness to Proceed (DOR), requesting that the case be set for a priority conference2 on the issue of AOE/COE. slating: “This is a post termination filing. The board’s intervention is needed in order to resolve the AOE/COE dispute.” 1 Unless otherwise specified, all statutory references are to the Labor Code.2 See section 5502(c). , At the priority conference on March 17, 2010, applicant was represented by an attorney from th^firm of Iglow & Bachrach, who had filed the Application for Adjudication of Claim on his behalf. The case was continued to an “AOE/COE conference” with the comment: “AOE/COE is the sole issue.” At the conference on June 30, 201
Jose Rivas' Industrial Injury Claim Against NNC Management LLC
In this case, Jose Rivas, an employee of NNC Management, LLC/ADP Total Source; Specialty Risk Services, filed a claim for an industrial injury to his left knee and other body parts. The employer denied the injury, asserting a “post-termination” defense. At the priority conference, the sole issue was AOE/COE. At the conference on June 30, 2010, the applicant raised issues of body parts injured, earnings, temporary disability, medical treatment, and liens. The Workers' Compensation Appeals Board granted the defendant's petition for removal, amending the order dated June 30, 2010 to provide that only the issue of AOE/COE shall be tried at the trial on August
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6875445
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