Yolanda Garcia vs. Aramark Cleanroom Services; Specialty Risk Services

In this case, Yolanda Garcia filed a claim for workers' compensation after sustaining an industrial injury while employed as a sorter from December 9, 2010, to December 9, 2011. Her employer, Aramark Cleanroom Services, denied the injury and argued that the claim was barred by Labor Code section 3600(a)(10). The Workers' Compensation Appeals Board granted Garcia's Petition for Removal and rescinded the Order dated January 10, 2013, wherein the workers' compensation administrative law judge (WCJ) took the case off calendar. The Board returned the matter to the trial level to be set for mandatory settlement conference and for further proceedings and decisions by the WCJ.

Aramark Cleanroom Services; Specialty Risk Services Yolanda Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYOLANDA GARCIA, Applicant,vs.ARAMARK CLEANROOM SERVICES;SPECIALTY RISK SERVICES, Defendants.Case No. ADJ8188073 (Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated January 10, 2013, wherein the workers’ compensation administrative law judge (WCJ) took this case off calendar, noting that defendant had agreed to provide medical treatment for an admitted specific injury that is not related to applicant’s present claim. Applicant contends that defendant has not investigated this claim with due diligence and that she is irreparably harmed by the Order because she has exhausted her state disability benefits and is unable to work. Defendant has filed an Answer.            On February 8, 2012, applicant filed an Application for Adjudication of Claim, claiming that while employed as a sorter from December 9, 2010, to December 9, 2011, she sustained an industrial injury to various body parts. Defendant has denied the injury and contends that the claim is barred by Labor Code section 3600(a)(10)1 because it was filed after she was laid off. Defense counsel filed a notice of representation on April 18, 2012, and an Answer on July 9, 2012. There was a mandatory settlement conference (MSC) on August 7, 2012, that was taken off calendar by joint request because applicant was awaiting a permanent and stationary report./// 1 Unless otherwise specified, all statutory references are to the Labor Code. ,             Applicant filed a Declaration of Readiness to Proceed on November 1, 2012. On December 18, 2012, defendant filed an untimely2 “response,” requesting that its post-termination defense be bifurcated and tried before issues of medical compensability because its discovery on the i

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