Home/Case Law/ARACELY MENJIVAR vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE CO.
Regular DecisionRemoval

ARACELY MENJIVAR vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE CO.

Filed: Sep 25, 2013
San Francisco
ADJ2061639 (VNO 0553366) ADJ4481677 (VNO 0553364)

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Here's a summary of the case for a lawyer, in four sentences:

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's orders to take the matters off calendar for medical record development prior to trial. The Board found the WCJ prematurely ordered record development without first establishing deficiencies in existing medical opinions after evidence admission. Consequently, the cases are returned to the trial level for proper trial proceedings. The Board denied the defendant's request to remove the WCJ, as it failed to meet statutory disqualification requirements.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer, in four sentences:

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's orders to take the matters off calendar for medical record development prior to trial. The Board found the WCJ prematurely ordered record development without first establishing deficiencies in existing medical opinions after evidence admission. Consequently, the cases are returned to the trial level for proper trial proceedings. The Board denied the defendant's request to remove the WCJ, as it failed to meet statutory disqualification requirements.

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