Haynes Building Services, Inc.; Zurich North America, administered by Broadspire, Maria Alicia Navarro, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ALICIA NAVARRO,Applicant,vs.HAYNES BUILDING SERVICES, INC.; ZURICH NORTH AMERICA, administered by BROADSPIRE,Defendants.Case No. ADJ8326555(Marina del Rey District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL By timely filed and verified petition, Maria Alicia Navarro (applicant) seeks removal of the February 23, 2017, Order issued by a workers’ compensation administrative law judge (WCJ) setting this matter for trial.1 Applicant contends that she will be substantially prejudiced and suffer irreparable harm that cannot be remedied later by reconsideration because discovery is incomplete on her amended claim of alleged injury in the form of diabetes and her claim of sleep disorder, which is documented in the medical reports. Applicant argues that defendant’s December 8, 2015 Declaration of Readiness to Proceed, which caused this matter to be set for the MSC leading to the March 28, 2017 trial setting, fails to comply with Appeals Board rule2 10414(d) and the Appeals Board panel decision in Morvari v. Securitas Security Services (2012) 2012 Cal. Wrk. Comp. P.D. LEXIS 480, Applicant points out that she was recently diagnosed with diabetes and has not had an opportunity to secure necessary medical records 1 We observe that trial is scheduled to commence on March 28, 2017.2 The Rules of the Workers’ Compensation Appeals Board are generally set forth in the California Code of Regulations, title 8, commencing with section 10300. , and obtain expert medical opinion to address whether or not there is an industrial component to her diabetes. The WCJ has filed a Report and Recommendation on Petition for Removal (Report), recommending denial of applicant’s Petition, pointing out that “[t}his case is over 5 years old.” (Report, p. 3.) Defendant has
Maria Alicia Navarro, vs. Haynes Building Services, Inc.; Zurich North America, Administered By Broadspire,
In this case, Maria Alicia Navarro sought removal of an order issued by a workers' compensation administrative law judge setting the matter for trial. Navarro argued that she would be substantially prejudiced and suffer irreparable harm that could not be remedied later by reconsideration because discovery was incomplete on her amended claim of alleged injury in the form of diabetes and her claim of sleep disorder. The Workers' Compensation Appeals Board granted the petition for removal and converted the trial to a status conference, expecting the parties to make good faith efforts to agree upon an action plan to complete necessary discovery within a reasonable time-frame.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ8326555
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