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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9145716

Regular

Jun 19, 2014

FARZANEH FOROUGHI vs. COUNTY OF SAN BERNARDINO; DEPARTMENT OF RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the applicant's petition for removal, overturning a prior order that compelled her deposition and denied her protective order. The applicant, claiming psychiatric injury, had a previous deposition terminated due to severe distress upon the appearance of her supervisor, Axel Colin. A psychiatrist opined that Colin's presence would be detrimental to her mental health. The Board found that Colin's exclusion was warranted under Code of Civil Procedure section 2025.420 to protect the applicant from oppression.

Petition for RemovalProtective OrderAbuse of DiscretionIndustrial InjuryPsyche InjuryEmployer RepresentativeDepositionOppressionExclusion of WitnessMedical Information Disclosure

References

Case No. VNO 536198

Regular

Apr 07, 2008

JUAN ALVAREZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; c/o SEDGWICK CMS

The Workers' Compensation Appeals Board granted the employer's Petition for Removal, rescinding the WCJ's order denying their motion to quash a subpoena duces tecum. This decision was based on the absence of the subpoena itself in the case file, preventing the Board from understanding the scope of the requested documents or the parties' arguments. The matter was returned to the trial level for further proceedings to obtain necessary documentation and clarify the issues.

Petition for RemovalSubpoena Duces TecumQuashOverbroadVagueAmbiguousOppressiveBurdensomePrivacyConfidentiality

References

Case No. ADJ251193 (MON 0300879)

Regular

Apr 13, 2009

WILLIAM VALDEZ vs. STATE OF CALIFORNIA/AIR RESOURCES BOARD; legally uninsured, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Adjusting Agency

Defendant filed a removal petition arguing a WCJ order for employee email and document production violated privacy rights and was overly burdensome. Due to a lost case file, the Appeals Board lacked crucial context like the date of injury. Consequently, the Board granted removal, rescinded the WCJ's order, and returned the case to the trial level for file reconstruction and a new discovery order.

Petition for RemovalRescind OrderDiscovery DisputeSubpoena Duces TecumPrivacy RightsOnerousOppressiveBurdensomePrejudiceIrreparable Harm

References

Case No. ADJ10035604; ADJ10036839

Regular

Jun 01, 2016

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL, SEDGWICK CMS

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding the Administrative Law Judge's (ALJ) prior order. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The applicant also failed to serve a crucial party, Dr. Glaser, with the petition, violating due process. Furthermore, the applicant's claim of an absolute right to be present at a deposition was not supported by statutory law, which allows for protective orders to prevent annoyance or oppression.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationDue ProcessProtective OrdersDepositionPsychiatric QMEMedical Reports

References

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FARZANEH FOROUGHI vs. COUNTY OF SAN BERNARDINO; DEPARTMENT OF RISK MANAGEMENT

Petition for RemovalProtective OrderAbuse of DiscretionIndustrial InjuryPsyche InjuryEmployer RepresentativeDepositionOppressionExclusion of WitnessMedical Information Disclosure

JUAN ALVAREZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; c/o SEDGWICK CMS

Petition for RemovalSubpoena Duces TecumQuashOverbroadVagueAmbiguousOppressiveBurdensomePrivacyConfidentiality

WILLIAM VALDEZ vs. STATE OF CALIFORNIA/AIR RESOURCES BOARD; legally uninsured, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Adjusting Agency

Petition for RemovalRescind OrderDiscovery DisputeSubpoena Duces TecumPrivacy RightsOnerousOppressiveBurdensomePrejudiceIrreparable Harm

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL, SEDGWICK CMS

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationDue ProcessProtective OrdersDepositionPsychiatric QMEMedical Reports