Home/Case Law/LAURA MALED vs. DIAMOND LEARNING CENTER, INC., AMTRUST NORTH AMERICA, JAMI HAMEL DE LA CERDA, DANIEL DE LA CERDA, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY
Regular DecisionWorkers' Compensation

LAURA MALED vs. DIAMOND LEARNING CENTER, INC., AMTRUST NORTH AMERICA, JAMI HAMEL DE LA CERDA, DANIEL DE LA CERDA, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY

Filed: Apr 17, 2015
Fresno
ADJ9674251

CompFox AI Summary

Applicant Laura Maled sought removal after the WCJ deferred ruling on a motion to quash a subpoena. The subpoena requested records from Diamond Learning Center, Inc., which AMTRUST, its insurer, claimed were overbroad and privileged. Applicant argued the deferral prejudiced her ability to conduct necessary discovery. The Appeals Board granted removal, finding the deferral caused substantial prejudice and irreparable harm. The case was remanded for a status conference to facilitate discovery resolution or a ruling on the motion to quash.

Full Decision Text1 Pages

Applicant Laura Maled sought removal after the WCJ deferred ruling on a motion to quash a subpoena. The subpoena requested records from Diamond Learning Center, Inc., which AMTRUST, its insurer, claimed were overbroad and privileged. Applicant argued the deferral prejudiced her ability to conduct necessary discovery. The Appeals Board granted removal, finding the deferral caused substantial prejudice and irreparable harm. The case was remanded for a status conference to facilitate discovery resolution or a ruling on the motion to quash.

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LAURA MALED vs. DIAMOND LEARNING CENTER, INC., AMTRUST NORTH AMERICA, JAMI HAMEL DE LA CERDA, DANIEL DE LA CERDA, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY (2015) – Fresno | CompFox