WCPanelIQ
PanelGranted

Casamento, Gloren

GLOREN CASAMENTO, Applicant vs. ADVANCED CELL DIAGNOSTICS INC.; CHUBB GROUP LOS ANGELES, Defendants

ADJ number
ADJ15626544
Decision date
Mar 28, 2023
District office
Sacramento
WCJ
—
Claim administrator
Chubb Group Los Angeles
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, back, shoulders, hand, multiple body parts

LC §4663LC §5313CCR §10955CCR §10803CCR §10787

Summary

Applicant Gloren Casamento claimed a cumulative injury (January 6, 2006 to November 18, 2021) to her neck, back, shoulders, hand, and multiple body parts while working as a sales operation associate. Defendant filed a petition to compel applicant's compliance with disclosure required by Labor Code section 4663(d), but the WCJ issued a Notice of Intention to dismiss and then ordered defendant to pursue section 4663 apportionment discovery via deposition rather than written discovery. Defendant sought removal, arguing there is no preference for deposition discovery and that written discovery would be more expeditious. The Appeals Board granted removal because the record was insufficient to evaluate the WCJ's order—there was no summary of evidence from the March 21, 2022 conference, the minutes were silent on stipulations, and 'court exhibits' were not properly listed or admitted. The Board rescinded the order and returned the matter to the trial level for further proceedings.

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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