Allied Signal Aerospace, St. Paul Travelers Insurance Maxine Wiggs WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAXINE WIGGS, Applicant,vs.ALLIED SIGNAL AEROSPACE, ST. PAUL TRAVELERS INSURANCE, Defendants.Case Nos. ADJ2798585 (MON 0241152) ADJ2723676 (MON 0241153)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 3, 2011, wherein the presiding workers’ compensation administrative law judge (PWCJ) ordered these matters set for a status conference on August 31, 2011. Defendant contends that the cases were set for hearing on the basis of a “walk-through” Declaration of Readiness to Proceed to Expedited Hearing (DOR), in violation of Policy and Procedure Manual § 1.15. We have not received an answer from applicant. On August 2, 2011, applicant served defendant with a copy of a DOR requesting an expedited hearing on the issue of entitlement to medical treatment and stating: “Defendants have not authorized second opinion on the need for surgery.” Applicant presented the DOR to the WCJ on August 3, 2011, and the WCJ ordered the case set for a Status Conference on August 31, 2011. Defendant now acknowledges that the surgical consult has been authorized (Petition, page 3, n. 3). Therefore, the petition is moot, and we dismiss it. Defendant contends that neither the DOR nor the Minutes of Hearing dated August 3, 2011, have been scanned into EAMS.1 This is correct, and it is unacceptable. See Hernandez v. AMS Staff Leasing 1 Defendant attaches a copy of the case documents from EAMS. The documents have not been sorted. We recommend that defendant learn how to use the “Doc Date” function. , (2011) 76 Cal.Comp.Cases 343 [significant panel decision], in which the panel held: “If the file exists in EAMS only, it is the responsibility of the WCJ to ensure that all documents in the record are scanned into EA
Maxine Wiggs vs. Allied Signal Aerospace, St. Paul Travelers Insurance
In this case, Allied Signal Aerospace and St. Paul Travelers Insurance filed a Petition for Removal, requesting that the Appeals Board rescind an Order dated August 3, 2011, wherein the presiding workers' compensation administrative law judge (PWCJ) ordered these matters set for a status conference on August 31, 2011. The Petition was dismissed as moot, as the surgical consult had been authorized. The Appeals Board also noted that the case documents had not been scanned into EAMS, which is unacceptable.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2798585
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