Sharon Angell vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

SUBSEQUENT INJURIES BENEFITS TRUST FUND Sharon Angell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON ANGELL, Applicantvs.SUBSEQUENT INJURIES BENEFITSTRUST FUND, DefendantsAdjudication Numbers: ADJ4145263 (VEN0120366)ADJ2903274 (OXN0124883)Oxnard District OfficeOPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Applicant seeks removal of the “Order to Applicant to Produce Documentation of Social Security Disability (SSD) Payments, Enforcing SIBTF’s Notice to Appear and Produce Dated December 11, 2019” (Order), issued on July 8, 2020 by a workers’ compensation administrative law judge (WCJ). The WCJ found that information and documentary evidence from the Social Security Administration (SSA) related to applicant’s Social Security Disability (SSD) benefits are necessary for defendant to establish its right to credit under Labor Code section 4753. The WCJ ordered applicant to produce information and documentary evidence related to her receipt of SSD benefits, including date of entitlement; date of commencement; monthly rates; and total amount paid per year to date.            Applicant contends that the Order causes her irreparable harm and substantial prejudice because it violates her right to due process; allows for impermissible discovery; fails to comply with Code of Civil Procedure (CCP) section 1987; and, compels her to undertake action to satisfy defendant’s burden of proof to establish right to credit under Labor Code1 section 4753. Applicant also contends that the discovery is not relevant to the issues in this case because SIBTF is not entitled to a section 4753 credit in this case. 1All further references are to the Labor Code unless otherwise noted. , Subsequent Injuries Benefits Trust Fund (SIBTF) filed an Answer to applicant’s Petition for Removal (Answer). The WCJ prepared a Report and Recommendation on Petition for Removal (Report), recommending that the petition be denied.            We have reviewed t

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