Home/Case Law/BRIAN DEL ROSARIO vs. UNITED PARCEL SERVICE, INC., LIBERY INSURANCE
Regular DecisionRemoval

BRIAN DEL ROSARIO vs. UNITED PARCEL SERVICE, INC., LIBERY INSURANCE

Filed: Aug 18, 2015
Oakland
ADJ9972033

CompFox AI Summary

The Appeals Board granted removal, rescinded the WCJ's mootness order, and remanded the case for a decision on the merits of the employer's motion to quash. The employer argued that a subpoena duces tecum for ten years of employment records was overly broad and burdensome, and reconsideration later would not be adequate. The Board found the employer demonstrated substantial prejudice and irreparable harm due to the breadth of the request and a drafting error in the original motion. A dissenting opinion argued removal was inappropriate as the employer's error, not the WCJ's, created the issue, and the employer had an adequate remedy by refiling.

Full Decision Text1 Pages

The Appeals Board granted removal, rescinded the WCJ's mootness order, and remanded the case for a decision on the merits of the employer's motion to quash. The employer argued that a subpoena duces tecum for ten years of employment records was overly broad and burdensome, and reconsideration later would not be adequate. The Board found the employer demonstrated substantial prejudice and irreparable harm due to the breadth of the request and a drafting error in the original motion. A dissenting opinion argued removal was inappropriate as the employer's error, not the WCJ's, created the issue, and the employer had an adequate remedy by refiling.

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BRIAN DEL ROSARIO vs. UNITED PARCEL SERVICE, INC., LIBERY INSURANCE (2015) – Oakland | CompFox