Hollywood Renaissance Hotel; Marriott Hot Springs Nuria Montepeque WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANURIA MONTEPEQUE, Applicantvs.HOLLYWOOD RENAISSANCE HOTEL; MARRIOTT HOT SPRINGS, Defendant(s).Case No.ADJ1003498OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely. verified Petition for Removal, requesting that the Appeals Board rescind the Order dated October 5. 2010. wherein the workers’ compensation administrative law judge (WCJ) took this matter off calendar, stating “DOR [Declaration of Readiness to Proceed] docs not indicate efforts Jo resolve case.” Concurrently, defendant has tiled a Petition for Disqualification of the WCJ. As to disqualification, defendant asserts that it cannot get a fair, expeditious and impartial trial before the current WCJ because the WCJ took the case off calendar. However, defendant has not complied with Labor Code section 53111 by alleging “any one or more of the grounds specified in Section 641 of the Code of Civil Procedure.” Therefore, we dismiss the Petition for Disqualification. As to removal, defendant contends thaï il has been trying to get this case set for trial for the past i wo years but that applicant’s attorney “continually asserts that his client has either had a worsening of her condition on the day of trial or serves the defense, at the last minute, with a medical report” (page 5). Defendant docs not address the issue of whether its DOR indicates 1 Unless otherwise specified all statutory references are to the labor Code. , efforts lo resolve ihc case or whether there were efforts lo resolve the case prior to the filing of the DOR. We have received an answer from applicant. Applicant, while employed as a housekeeper on July 13, 2004. sustained an industrial injury to her right shoulder and claims to have sustained injury lo her neck, head, psyche, jaw and sleep disorder. The relevant procedural history commences w
Nuria Montepeque vs. Hollywood Renaissance Hotel; Marriott Hot Springs
This case involves a dispute between Hollywood Renaissance Hotel and Marriott Hot Springs and Nuria Montepeque over workers' compensation. Montepeque was injured while employed as a housekeeper on July 13, 2004 and claimed to have sustained injury to her right shoulder, neck, head, psyche, jaw and sleep disorder. The defendant filed a Petition for Removal and Disqualification of the WCJ, which was denied. The Petition for Removal was granted and the case was returned to the trial level to be set for trial.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ1003498
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