East Bay Municipal Utility, District; Athens Administrators Stephen Carbonaro WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEPHEN CARBONARO, Applicant,vs.EAST BAY MUNICIPAL UTILITY, DISTRICT;ATHENS ADMINISTRATORS, Defendants.Case Nos. ADJ6743571ADJ7493283(Oakland District Office)ORDER DENYING PETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny removal. With regard to defendant’s contention that it was deprived of an opportunity to respond to applicant’s Petition for Consolidation, we note that defendant’s Petition for Removal was its opportunity to respond. After careful review of defendant’s contentions, we do not believe that defendant has demonstrated that it will suffer significant prejudice or irreparable harm, as required by WCAB Rule 10843, if these case are consolidated or that the PWCJ has abused his “sound discretion” required by WCAB Rule 10589(a).////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________ALFONSO J. MORESII CONCUR,_________________________________________ DEIDRA E. LOWE_________________________________________ RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUN 14 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.FINNEGAN, MARKS, THEOFEL & DESMONDLAW OFFICES OF WILLIAM HYNDMANSTEPHEN CARBONAROebc , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ6743571ADJ7493283STEPHEN CARBONARO-vs.-EAST BAY MUNICIPAL UTILITY DISTRICT;ATHENS ADMINISTRATORS CON
Stephen Carbonaro vs. East Bay Municipal Utility, District; Athens Administrators
is a case involving Stephen Carbonaro and East Bay Municipal Utility District and Athens Administrators. The Workers' Compensation Appeals Board denied the Petition for Removal, finding that there were common issues of fact and law between the two cases, that consolidation would not significantly delay the trial of either case, and that it would be more efficient to have both cases heard together. The Board also found that the defendant had not demonstrated that it would suffer significant prejudice or irreparable harm if the cases were consolidated.
- Filed On:
- Court: California, Oakland
- Case No. ADJ6743571
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