Andromeda Entertainment Inc., Dba Club Galaxy, State Compensation Insurance Fund Maria Ana Paredes (Deceased) Carlos Alfredo Alvarez WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ANA PAREDES (Deceased) CARLOS ALFREDO ALVAREZ, Applicant,vs.ANDROMEDA ENTERTAINMENT INC., dba CLUB GALAXY, STATE COMPENSATION INSURANCE FUND, Defendants).Case No. LAO 0863476OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant seeks removal or, in the alternative, reconsideration of the May 18, 2007 Order, served on May 21, 2007, wherein the workers’ compensation administrative law judge (“WCJ”) denied defendant’s Motion to Compel Answers to Deposition Questions. Applicant, widower and guardian ad litem of his and the deceased’s children, claims that his wife, while employed as a waitress on September 21, 2005, sustained industrial injury, in the form of cerebellar hemorrhage, resulting in her death. Defendant contends that the WCJ erred in denying its motion to compel, that its questions were reasonably calculated to lead to the discovery of admissible evidence, and that the denial of its motion violates defendant’s due process rights. We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Removal or Reconsideration (“Report”), recommending that the petitions be dismissed. , For lhe reasons discussed below, we will dismiss the petition for reconsideration, grant thepetition for removal, rescind the WCJ’s order, and grant defendant’s Motion to Compel Answers toDeposition Questions. At his deposition on February 15. 2007, on the advice of his attorney, applicant refused to answer questions about whom in El Salvador his wife economically supported and about his employment history. Defendant filed a
Maria Ana Paredes (deceased) Carlos Alfredo Alvarez vs. Andromeda Entertainment Inc., Dba Club Galaxy, State Compensation Insurance Fund
This case involves the death of Maria Ana Paredes, a waitress employed by Andromeda Entertainment Inc., dba Club Galaxy. Her widower and guardian ad litem of their children, Carlos Alfredo Alvarez, filed a claim for workers' compensation. At his deposition, Alvarez refused to answer questions about whom in El Salvador his wife economically supported and about his employment history. Defendant filed a motion to compel answers to those questions, which was denied. The defendant sought removal or reconsideration of the order, and the Workers' Compensation Appeals Board granted the petition for removal, rescinded the WCJ's order, and granted defendant's Motion to Compel Answers to Deposition Questions.
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0863476
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