VIANEY VARGAS vs. SELECT STAFFING; ESIS

This case involves a claim by Vianey Vargas for injury to her neck, upper extremity, left shoulder, elbow, wrist, thumb, nervous system, and psyche and injury in the form of loss of sleep and depression while employed as a fruit pealer during the period from September 30, 2008 to September 30, 2009. Defendant, Select Staffing; ESIS, accepted liability for injury to the left arm and denied liability for all other body parts. On February 23, 2010, defendant filed a Petition for Order Suspending Action and Barring Benefits based on applicant's exercise of her Fifth Amendment right against self-incrimination and based on her refusal to answer numerous deposition questions. Following a hearing on August 10, 2010, the WCJ

SELECT STAFFING; ESIS VIANEY VARGAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVIANEY VARGAS, Applicant,vs.SELECT STAFFING; ESIS, Defendants.Case No. ADJ7014135(Los Angeles District Office)OPINION AND ORDER GRANTING RECONSIDERATION ANDDECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the May 7, 2012 Findings and Order issued by the workers’ compensation administrative law judge (WCJ) wherein the WCJ issued an order stating that: “IT IS ORDERED that the request of the defendants that this case be dismissed be… denied.” The underlying case involves applicant’s claim of injury to her neck, upper extremity, left shoulder, elbow, wrist, thumb, nervous system, and psyche and injury in the form of loss of sleep and depression while employed as a fruit pealer during the period from September 30, 2008 to September 30, 2009., Defendant accepted liability for injury to the left arm and denied liability for all other body parts.            Previously, on February 23, 2010, defendant filed a Petition for Order Suspending Action and Barring Benefits based on applicant’s exercise of her Fifth Amendment right against self-incrimination and based on her refusal to answer numerous deposition questions. Following a hearing on August 10, 2010, the WCJ denied defendant’s request. Defendant sought reconsideration and, as a result, we issued a November 29, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration. Therein, we struck the WCJ’s order denying defendant’s Petition for Order Suspending Action and Barring Benefits and returned this matter to the trial level for the WCJ to determine which questions posed by defendant were directly relevant to the issues presented in the case, to order applicant to answer those questions, and to issue a notice of intention to dismiss applicant’s Application for Adjudication of Claim (Application) if applicant failed to comply within 30 days. At a hearing on , April 4, 2011, the W

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