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PanelDismissed

Carlos Maldonado — ADJ13646327, ADJ13669911

CARLOS MALDONADO, Applicant vs. COUNTY OF FRESNO; ACCLAMATION, Defendants

ADJ number: ADJ13646327, ADJ13669911
Decision date: Jan 13, 2022
District office: Fresno
WCJ: Jeffry Diamond
Claim administrator: Acclamation Insurance Management Services
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5813

Summary

Applicant Carlos Maldonado filed a Petition for Removal challenging an Order Quashing Subpoenas Duces Tecum dated 08/26/2021. The subpoenas had already been executed and the requested records delivered before the petition to quash was filed, rendering the quash order moot. The applicant also improperly included a 'hybrid' petition seeking Labor Code section 5813 sanctions in all six of his cases, attempting to bypass the trial court level. The WCAB adopted the WCJ's reasoning but corrected the disposition, holding that because the subpoena issue was moot the proper action was dismissal rather than denial. The Board dismissed the petition and left the sanctions issue for the WCJ to consider at the trial level in the first instance.

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.