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PanelQMEGranted

Juan Paz Marenco Grant Dec Rem — ADJ13264493, ADJ13264481

JUAN PAZ-MARENCO, Applicant vs. MIR CO.; STARNET INSURANCE COMPANY administered by BERKLEYNET, Defendants

ADJ number: ADJ13264493, ADJ13264481
Decision date: Sep 13, 2021
District office: Marina del Rey
WCJ: —
Claim administrator: BerkleyNet (administering for Starnet Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: various body parts

LC §5313LC §5502CCR §10843CCR §10955CCR §10414CCR §10742CCR §10301CCR §10305CCR §10341CCR §10325

Summary

Applicant Juan Paz-Marenco sought removal of an April 7, 2021 minute order in which the WCJ continued the MSC and ordered applicant's attorney to serve all non-privileged records in their possession on both defendants within 45 days. Applicant filed his DOR on the issue of AOE/COE, but the WCJ appears to have addressed defendant's subpoena instead, without notice or opportunity to be heard. The Appeals Board found the record insufficient to evaluate the WCJ's order, as there were no framed issues, no stipulations, and no admitted evidence. The Board held the order potentially violated due process and contravened the requirement for an adequate record under Labor Code section 5313 and Hamilton. The Board granted removal, rescinded the order, and returned the matter to the trial level for further proceedings.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.

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.