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PanelQMERemanded

Miguel Godinez — ADJ15107350, ADJ15107351

MIGUEL GODINEZ, Applicant vs. PERSONNEL STAFFING GROUP (EMPLOYMENT SOLUTIONS INC.); NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number: ADJ15107350, ADJ15107351
Decision date: Jan 22, 2023
District office: Los Angeles
WCJ: —
Claim administrator: Next Level Administrators
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE ZALEWSKI, CHAIR

Injury / body parts: various body parts

LC §5313LC §5708LC §5709LC §5710LC §5815CCR §10640CCR §10745CCR §10750CCR §10758CCR §10759CCR §10761CCR §10787CCR §10832CCR §10955

Summary

Applicant Miguel Godinez sought removal of a WCJ's February 9, 2022 Order compelling his in-person attendance at deposition at defense counsel's office, arguing that given the ongoing pandemic he should be permitted to attend via Zoom. The Appeals Board found the record insufficient to evaluate the WCJ's Order because no hearing was held on defendant's petition to compel, no evidence was admitted, and no minutes of hearing or summary of evidence were filed, raising due process and Labor Code section 5313 concerns. The Board emphasized that when a petition to compel deposition is filed, the WCJ should have issued a notice of intention or set the matter for hearing, created a record, and then issued a decision. The Board granted removal, rescinded the Order, and returned the matter to the trial level for further proceedings consistent with its decision.

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.