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PanelDismissed

Vivian Tobias — ADJ15993874

VIVIAN TOBIAS, Applicant vs. CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING, LEGALLY UNINSURED; ADMINISTERED BY STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ15993874
Decision date: Feb 9, 2023
District office: Long Beach
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering for California Department of Fair Employment and Housing, legally uninsured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

CCR §10515

Summary

Applicant Vivian Tobias, representing herself in pro per, filed a Petition for Removal challenging a decision issued June 23, 2022. The petitioner subsequently withdrew the Petition for Removal. The Board also noted that petitioner filed a separate 'Petition for Declaratory Relief - Objection to Closure of Discovery and Request for Order Allowing Discovery by Nonparty' on July 15, 2022. The Board declined to consider that petition, citing WCAB Rule 10515, which prohibits demurrers, petitions for judgment on the pleadings, and petitions for summary judgment. Because the Petition for Removal was withdrawn, the Board dismissed it.

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.