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PanelGranted

Graham-Bryant, Zalana

ZALANA GRAHAM-BRYANT, Applicant vs. WKS FROSTY CORPORATION; ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number: ADJ16511542
Decision date: Apr 24, 2023
District office: Marina Del Rey
WCJ: —
Claim administrator: Sedgwick CMS
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: thoracic spine, lumbar spine, right ankle, left knee, left shoulder

LC §5313CCR §10390CCR §10842CCR §10955

Summary

Applicant Zalana Graham-Bryant sought removal of a November 21, 2022 Order Compelling her attendance at deposition after she missed an agreed-upon November 2, 2022 deposition, arguing the order was unnecessary because she intended to attend a rescheduled December 16, 2022 deposition. The WCJ recommended denial. The Appeals Board granted removal, finding that the Order Compelling failed to provide any rationale, as the WCJ's concerns about applicant's failure to attend were articulated for the first time in the Report rather than in the Order itself. The Board emphasized that an adequate record under Labor Code section 5313 and Hamilton requires the WCJ to explain the basis for a decision. The Board rescinded the Order and returned the matter to the trial level for further proceedings, while also noting compliance issues with WCAB Rule 10390 and meet-and-confer obligations under Code of Civil Procedure section 2016.040.

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.