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PanelDenied

Donald MARSAU(Dec'd) — ADJ15708296

NICOLE SCHILDER, (DONALD MARSAU, DEC’D, Applicant vs. STANDER REUBENS THOMAS KINSEY and VALLEY FORGE INSURANCE, administered by CNA CLAIMS PLUS, Defendants

ADJ number: ADJ15708296
Decision date: Oct 10, 2022
District office: Sacramento
WCJ: —
Claim administrator: CNA Claims Plus (administering Valley Forge Insurance)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: death (cumulative/repetitive stress)

LC §5311CCR §10960CCR §9721.12

Summary

Following the work-related death of Donald Marsau on December 4, 2021, applications for adjudication and a death claim were filed at the Sacramento District Office on behalf of decedent and his dependents. Defendant filed a Petition for Disqualification seeking to disqualify all WCJs at both the Sacramento and Stockton District Offices, along with a request to transfer venue. A three-member WCAB panel denied the Petition, holding that Labor Code section 5311 permits objection only to a 'particular' WCJ, not blanket disqualification of multiple judges. The Board also declined to address venue transfer, noting it must first be presented to the Presiding WCJ. The matter was returned to the WCJ 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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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.