Home/Case Law/Deborah Soto vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS (AVENAL STATE PRISON), STATE COMPENSATION INSURANCE FUND
Regular DecisionRemoval

Deborah Soto vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS (AVENAL STATE PRISON), STATE COMPENSATION INSURANCE FUND

Filed: Oct 01, 2015
Fresno
ADJ8837917

CompFox AI Summary

This case concerns a lien claimant, Electronic Waveform Lab, seeking removal of a WCJ's order that limited their access to essential medical records and prematurely closed discovery. The claimant contends this order prevents them from proving the reasonableness and necessity of their treatment, thus violating due process. The Appeals Board granted removal, finding that the claimant's inability to prove their lien without the requested records constituted substantial prejudice and irreparable harm. Consequently, the WCJ's order was rescinded, discovery was reopened to obtain the specified medical records, and the trial date was vacated.

Full Decision Text1 Pages

This case concerns a lien claimant, Electronic Waveform Lab, seeking removal of a WCJ's order that limited their access to essential medical records and prematurely closed discovery. The claimant contends this order prevents them from proving the reasonableness and necessity of their treatment, thus violating due process. The Appeals Board granted removal, finding that the claimant's inability to prove their lien without the requested records constituted substantial prejudice and irreparable harm. Consequently, the WCJ's order was rescinded, discovery was reopened to obtain the specified medical records, and the trial date was vacated.

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