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PanelGranted

Labella, Jason

JASON LABELLA, Applicant vs. MARATHON PETROLEUM; OLD REPUBLIC INSURANCE COMPANY, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number: ADJ15703855
Decision date: Apr 24, 2023
District office: Marina Del Rey
WCJ: —
Claim administrator: Sedgwick CMS (administering for Old Republic Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: COVID-19 illness, digestive system, circulatory system, nervous system

LC §5701LC §5710LC §5313CCR §10964CCR §10955

Summary

Defendant Marathon Petroleum sought removal from a WCJ's October 25, 2022 Order denying its petitions to compel the deposition attendance of three non-party fact witnesses who allegedly lived with applicant and could provide details about applicant's possible at-home COVID-19 exposure. The WCJ had denied the petitions stating there was no basis or jurisdiction to compel a non-party to appear for deposition. The Board granted removal, finding the WCJ's Order failed to create an adequate record as required by Labor Code section 5313 and Hamilton v. Lockheed, because the Order did not address procedural issues, notice, good cause, or protective orders that the WCJ's Report later raised. The Board rescinded the Order and returned the matter to the trial level for development of an adequate record. The Board also clarified that the Appeals Board's jurisdiction to compel deposition of non-party witnesses is not limited to employees of parties under Labor Code sections 5710 and 5701 and the Code of Civil Procedure.

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.