Teresa Zamudio, vs. Starco Enterprises; California Insurance Guarantee Association, By Its Servicing Facility Intercare Services, For Credit General Indemnity, In Liquidation,

.OPN In this case, Teresa Zamudio filed a Petition for Reconsideration of an Order Re: Discovery issued by a workers’ compensation administrative law judge (WCJ). The WCJ found that defendant’s Petition to Compel a Home Care Assessment stated good cause for the home care assessment and thus ordered applicant to allow Patty Hedrick, RN, with Med-Legal Healthcare Consultants, Inc., to complete the home care assessment at a mutually convenient time. The WCJ also ordered that the parties’ respective attorneys may be present during the home care assessment. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as the Order is not a final order, and treated defendant’

Starco Enterprises; California Insurance Guarantee Association, by its servicing facility Intercare Services, for Credit General Indemnity, in liquidation, Teresa Zamudio, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA ZAMUDIO,Applicant,vs.STARCO ENTERPRISES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by its servicing facility INTERCARE SERVICES, for CREDIT GENERAL INDEMNITY, in liquidation,Defendants.Case No. ADJ3301539 (LBO 0315336)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL, AND DECISION AFTER REMOVAL            Applicant filed a Petition for Reconsideration of the Order Re: Discovery (Order) issued on January 3, 2017 by the workers’ compensation administrative law judge (WCJ). The WCJ found that defendant’s Petition to Compel a Home Care Assessment stated good cause for the home care assessment and thus ordered applicant to allow Patty Hedrick, RN, with Med-Legal Healthcare Consultants, Inc., to complete the home care assessment at a mutually convenient time. The WCJ also ordered that the parties’ respective attorneys may be present during the home care assessment.            Applicant has no objection to the home care assessment ordered by the WCJ. Rather, applicant contends only that the Order allowing defendant’s attorney to be present in her home during the home care assessment exceeds the authority of the Workers’ Compensation Appeals Board (WCAB) and is a violation of her constitutional right to privacy in her home.            We received an answer from defendant (Answer). The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending we dismiss the Petition for Reconsideration because the Order is not a final order, and that if treated as a Petition for Removal, that we deny removal because applicant’s petition is skeletal and she does not have an expectation of privacy for a medical condition she has placed at issue in this litigation. ,             We have

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.