PALOMO STELL, INC.; STATE COMPENSATION INSURANCE FUND, RICARDO LARA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICARDO LARA, Applicant,vs.PALOMO STELL, INC.; STATECOMPENSATION INSURANCE FUND, Defendant,ROBERTO NABAZA, Lien claimant.Case No. ADK3851267 (LAO 824515)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant requests removal or reconsideration following the October 15, 2008 Order of the workers’ compensation administrative law judge (WCJ), which denied defendant’s petition to quash the subpoena of its adjuster, Desiree Moon, by lien claimant, Roberto Nabaza. Applicant’s claim of industrial injury to his nervous system and in the form of a hernia while employed by defendant as a welder during the cumulative trauma period from March 7, 2002 to March 7, 2003, was earlier settled by compromise and release as approved by the WCJ on January 10, 2006, for a lump sum payment of $5,500.00. Thereafter, lien claimant pursued recovery of his claimed unpaid interpreter fee of $147.00, along with a claim for sanctions and penalties. Defendant contends that the subpoena should have been quashed because it was not personally served upon Ms. Moon and lien claimant did not provide witness fees and mileage in connection with the purported service of the subpoena. We grant removal and quash the subpoena because Ms. Moon was not properly served and she was not required to appear pursuant to it. Because removal is granted, we do not address defendant’s alternative request for reconsideration and that petition is dismissed. , Applicant’s claim of industrial injury was settled by compromise and release on January 10, 2006, as described above. Although lien claimant had earlier submitted a bill to defendant, the claim was not addressed in the compromise and release or the accompanying affidavit by defendant regarding the resolution of liens. Following the WCJ’s appr
Ricardo Lara, vs. Palomo Stell, Inc.; State Compensation Insurance Fund,
This case is about the dispute between Palomo Stell, Inc., State Compensation Insurance Fund, Ricardo Lara, and Roberto Nabaza. Ricardo Lara was employed by Palomo Stell, Inc. as a welder and suffered an industrial injury to his nervous system and a hernia during the cumulative trauma period from March 7, 2002 to March 7, 2003. The injury was settled by compromise and release for a lump sum payment of $5,500.00. Roberto Nabaza, the lien claimant, then pursued recovery of his unpaid interpreter fee of $147.00, along with a claim for sanctions and penalties. Palomo Stell, Inc. requested removal or reconsideration of the October 15, 2008 Order of the workers' compensation administrative
- Filed On:
- Court: California, Los Angeles
- Case No. ADK3851267
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