WCPanelIQ
PanelGranted

Jacqueline Gonzalez — ADJ13378182

JACQUELINE GONZALEZ, Applicant vs. SAMSON PHARMACEUTICALS, INC.; TECHNOLOGY INSURANCE COMPANY, administered by AMTRUST NA, Defendants

ADJ number
ADJ13378182
Decision date
Feb 3, 2022
District office
Los Angeles District Office
WCJ
—
Claim administrator
AmTrust NA (administering Technology Insurance Company)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: head, neck, arm, hand, other body systems

CCR §10349CCR §10510CCR §10628CCR §10629CCR §10758CCR §10832CCR §10843CCR §10955

Summary

Applicant Jacqueline Gonzalez sought removal of a September 3, 2021 Order Compelling her to attend a deposition scheduled for September 23, 2021 via Zoom. The WCJ had issued an order containing a self-voiding clause allowing the order to become null if applicant objected within 15 days, rather than issuing a notice of intention or holding a hearing. The Board found the order procedurally defective because an order with a self-voiding clause is not a notice of intention and must be served by the WCJ, not by designated service. The Board also declined to make a good cause finding de novo because the WCJ had created no record and the parties had not been afforded due process. The Board granted removal, rescinded the September 3, 2021 Order, and returned the matter to the WCJ for further proceedings consistent with the opinion.

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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