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PanelLienGranted

Morales Dominguez, Dario

DARIO MORALES DOMINGUEZ, Applicant vs. SHIELD PLATINUM PROTECTION, LLC, RENE GUTIERREZ; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ14175141
Decision date: Feb 3, 2025
District office: Long Beach
WCJ: Joy
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: multiple parts of body

CCR §10330CCR §10880CCR §10955

Summary

Applicant Dario Morales Dominguez resolved his cumulative trauma claim by Compromise and Release, after which lien claimant ABC International filed a lien for interpreting services. At a lien trial, WCJ Joy issued an Order requiring both defendant's claims adjuster and the adjuster's supervisor to appear in person at the next trial, citing concerns about CCR 10880(a)(3) settlement authority. Defendant sought removal, arguing no good cause existed and the in-person appearance constituted an undue burden. The Appeals Board granted removal, finding the in-person requirement excessive given that the WCJ's goals could be accomplished by virtual or telephonic appearance. The Board amended the Minute Order to require the adjuster and supervisor to appear electronically or telephonically.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.