LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, SHERRI SMITH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHERRI SMITH, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendant(s).Case No. ADJ2321404 (MON 0309679)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks “removal and reconsideration” of the Order issued March 2, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered that this matter shall proceed to trial. Applicant’s objection to setting the matter for trial was overruled. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ 16 explained at page 2: “The Conference matter was regularly set for a Mandatory Settlement Conference before this Court on 3/2/09 At the hearing, applicant requested that the matter be taken off calendar for further discovery. The request was denied. The matter had been in the Court system for some 4 1⁄2 years, had been set for five (5) prior Court appearances (5/12/05, 8/4/05, 10/25/06, 11/8/07, and 10/27/08).” Applicant contends that the WCJ erred by ordering the matter to trial arguing: (1) that applicant has sustained a new, cardiovascular, injury and that the record is incomplete regarding this aspect of applicant’s claim; and (2) that the WCJ has a duty to develop the record “on issues which the parties themselves have failed to provide sufficient facts upon which to base a fair and just decision.” In addition, applicant contends that failure to grant removal will result in , significant prejudice and irreparable harm because applicant will receive reduced workers’ compensation benefits insofar as the injury date is beyond five years and applicant will be precluded from claiming temporary disab
Sherri Smith, vs. Los Angeles Unified School District; Permissibly Self-insured, Adjusted By Sedgwick Claims Management Services,
(MON 0309679) is a case involving Sherri Smith, an applicant, and the Los Angeles Unified School District, a defendant. Smith sought removal and reconsideration of an order issued by the workers' compensation administrative law judge (WCJ) that the matter proceed to trial. The WCJ denied Smith's request and the Workers' Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal. The Board found that there was no final order subject to reconsideration and that Smith had failed to establish that the order would result in significant prejudice or irreparable harm.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2321404
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