Michelle Sampay vs. Wackenhut; Gallagher Bassett Services, Inc.

This case is about Michelle Sampay, a security officer who sustained an industrial injury to her skin, rashes, psyche, scalp and teeth while employed from June 1, 1999 to September 12, 1999. The workers' compensation administrative law judge (WCJ) ordered that the lien of David Silver, M.D. (LC) be bifurcated from "all petitions for sanctions, costs and penalties" and declined to enforce a subpoena for the appearance of Janice Barrera, defendant's claims adjuster. LC filed a Petition for Removal, requesting that the Appeals Board rescind the orders, but the WCJ filed a Findings and Order Taking Matter Off Calendar; Order Appointing Independent Bill Reviewer, making the Petition for

WACKENHUT; GALLAGHER BASSETT SERVICES, INC. MICHELLE SAMPAY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE SAMPAY, Applicant,vs.WACKENHUT; GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ2524908 (MON 0254667)(Marina del Rey District Office)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL            Lien claimant, David Silver, M.D. (LC), has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the orders dated July 28, 2014, wherein the workers’ compensation administrative law judge (WCJ) ordered that the lien of Dr. Silver be bifurcated from “all petitions for sanctions, costs and penalties” and declined to enforce a subpoena for the appearance of Janice Barrera, defendant’s claims adjuster. 1 LC contends that the bifurcation of issues will unnecessarily delay final disposition of this matter and that the WCJ should have set the matter for order to show cause re contempt for the adjuster’s failure to appear. Defendant has filed an answer.            Applicant, while employed as a security officer from June 1, 1999, through September 12, 1999, sustained an industrial injury to her skin, rashes, psyche, scalp and teeth. She settled her case by Compromise and Release approved on October 31, 2012. LC’s lien came on for trial on July 28, 2014. LC submitted twenty-eight exhibits. Defendant submitted none. Neither party offered testimony. The WCJ issued the orders that are the subject of LC’s petition and ordered the matter submitted for decision. 1 There is nothing in the Minutes of Hearing dated July 28, 2014, about the enforcement of thissubpoena, but both parties and the WCJ in her Report and Recommendation agree that this actionoccurred at the trial on July 28, 2014. ,             On August 12, 2014, the WCJ filed her Report and Recommendation on Petition for Removal. On the same date the WCJ filed a Findings and Order Taking Matter Off Calendar; Order Appointing Independent Bill Reviewer. Because of that

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