City Of Riverside,Permissibly self- Insured, Pedro Mckay WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO McKAY, Applicant,vs. CITY OF RIVERSIDE, Permissibly Self- Insured, REMOVAL Defendant (s).Case No.: ADJ6543064OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant, in a Petition for Reconsideration strikingly similar to his earlier May 26, 2010petition, seeks reconsideration or removal following the September 16, 2010 Order taking this case off calendar made by workers’ compensation administratis e law judge (WCJ) Willmon. In the September 16,2010 Minutes of Hearing, the WCJ wrote:“Case was set for trial day 2 following decision by [Reconsideration! Unit. Meanwhile, another (reconsideration! petition objecting to an order of consolidation1 was tiled and which resulted in vacating the ¡Order of Consolidation] -1- referring all cases (including this one) to conference (on) 9/28/10 before [WCJ] Sanford*Wachtel.The issues related to consolidation need to be addressed first for judicial economy.This trial is ordered off calendar but (the issue of consolidation) remains on calendar [on] 9/28/10 at 1:30 for (conference).” (At p. 2.)Applicant’s underlying claim in this matter is for cumulative injury to his digestive system, neck, right shoulder, psyche, internal, liver and abdomen, and in the form of diabetes, headaches, sleep loss and sexual dysfunction, while working as a waste water collection system technician from 1 Consolidation of several cones involving different applicants and the same defendam was sought by defendant hi us petition dated June 18. 2010, and agreed to by counsel for both applicant and defendant at a trial in Case No. ADM5I3544 un June 28, 2010. (Minuto of Hcannjs Case No. ADJ6SI3544, at p 2.) (The applicants tn th» case and in Case No. ADJ65I3544 aie represented b the time counsel, the Law Offices of Curl Feldman, which appears lu represent the applicants in all these ease«
Pedro Mckay vs. City Of Riverside,permissibly Self- Insured,
In this case, Pedro McKay, an applicant, filed a Petition for Reconsideration and Petition for Removal following the September 16, 2010 Order taking his case off calendar made by a workers’ compensation administrative law judge. The Petition for Reconsideration was dismissed and the Petition for Removal was denied as the order taking the case off calendar was a procedural order and did not determine any right or liability of any party, and there was no prejudice or irreparable harm resulting to the applicant.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6543064
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