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PanelDenied

Schuster, James

JAMES SCHUSTER, Applicant vs. STATE OF CALIFORNIA, CDCR, HIGH DESERT STATE PRISON, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ17216314
Decision date: Nov 13, 2024
District office: Redding
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §110.5LC §3206.5LC §5002LC §5003LC §5702CCR §10700CCR §10835CCR §10955

Summary

Defendant CDCR (legally uninsured, adjusted by State Compensation Insurance Fund) sought removal of a WCJ's January 8, 2024 Order Suspending Action on the parties' Stipulations With Request for Award, which directed that no action be taken until the Stipulations were amended to contain 'wet' or actual signatures. Defendant argued the Order violated Civil Code section 1633.7 regarding electronic signatures. The Appeals Board denied removal, holding that the petition failed to establish significant prejudice or irreparable harm because the parties could seek a hearing before the WCJ to resolve any concerns about signature validity. The Board noted that effective January 1, 2025, AB 2337 codified the use of electronic signatures by adding Labor Code sections 110.5 and 3206.5, but emphasized the WCJ retains discretion to set a matter for hearing if there are concerns about signature validity.

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.