RESIDENCE INN/MARRIOTT HOT SPRINGS MARIA AVILA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA AVILA, Applicant,vs.RESIDENCE INN/MARRIOTT HOT SPRINGS, Defendant.Case No. ADJ7936995(Long Beach District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION GRANTING REMOVALAND DECISION AFTER REMOVAL Defendant seeks reconsideration of the Order issued by a Workers’ Compensation Administrative Law Judge (WCJ) on October 10, 2012, wherein the WCJ ordered that “Defendants to provide to Rezai Law Firm all claims records pertaining to applicant.” Applicant, while employed as a cook on January 15, 2011, alleges that she sustained industrial injury to her low back and lower extremities. Defendant contends that the WCJ erred in declining to consider its motion to quash applicant’s subpoenas duces tecum (SDTs), arguing that the records requests were overbroad, vague, protected by attorney-client work product privileges, duplicate, and burdensome. Defendant also argues that the SDTs do not comply with the requirements of California Code of Civil Procedure section 1985, and that the SDT issues were previously resolved by the parties at the January 25, 2012 status conference. We have considered the allegations of defendant’s Petition and the record in this matter. No Answer was received. The WCJ has not filed a Report and Recommendation on Petition for Reconsideration. Based on our review of the record and for the reasons stated herein, we will dismiss the Petition for Reconsideration because the October 10, 2012 Order is not a final order. For the reasons stated herein, and because we see significant prejudice and irreparable harm to defendant if removal is not granted, we will grant removal on Appeals Board motion, rescind the October 10, 2012 Order, and return the matter to the trial level for further proceedings and a new decision by the WCJ./ / / , FACTS As relevant here, applicant alleges that she sustained
MARIA AVILA vs. RESIDENCE INN/MARRIOTT HOT SPRINGS
In this case, Maria Avila, a cook, alleged that she sustained an industrial injury to her low back and lower extremities while employed at the Residence Inn/Marriott Hot Springs. The Workers' Compensation Administrative Law Judge issued an order on October 10, 2012, requiring the defendant to provide all claims records pertaining to the applicant. The defendant sought reconsideration of the order, arguing that the records requests were overbroad, vague, protected by attorney-client work product privileges, duplicate, and burdensome. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because the October 10, 2012 Order was not a final order. The Board also granted removal on Appeals Board motion, rescinded the October 10, 2012
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7936995
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