WCPanelIQ
PanelGranted

Suess, James

JAMES SUESS, Applicant vs. CITY OF POMONA, PSI, administered by ADMINSURE, Defendants

ADJ number
ADJ10799317
Decision date
May 8, 2023
District office
Pomona District Office
WCJ
—
Claim administrator
AdminSure (administering self-insured City of Pomona, PSI)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER
LC §5313LC §5903LC §5952

Summary

Defendant City of Pomona sought removal of a WCJ's Discovery Order requiring witness Captain Dennis Cooper of the Pomona Police Department to answer applicant's proposed deposition questions. Defendant argued the testimony would breach attorney-client privilege and invade the police officer's privacy. The Appeals Board found it could not evaluate the merits because the record lacked evidence supporting the Order, including applicant's proposed questions, the captain's original deposition transcript, and no hearing on the Motion to Compel had been held. The Board granted removal, rescinded the Discovery Order, and returned the matter to the trial level so a hearing could be set on applicant's Motion to Compel.

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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