WCPanelIQ
PanelGranted

Varoj Sarkissian — ADJ11130849

VAROJ SARKISSIAN, Applicant vs. FOUR SEASONS HOTEL; ZURICH NORTH AMERICA INSURANCE COMPANY, Defendants

ADJ number
ADJ11130849
Decision date
Jul 28, 2021
District office
Marina Del Rey
WCJ
—
Claim administrator
Zurich North America Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5310LC §5701LC §5803LC §5906CCR §10301CCR §10305CCR §10330CCR §10348CCR §10560CCR §10787CCR §10843CCR §10859CCR §10955CCR §10961

Summary

Defendant sought removal of a WCJ's May 17, 2021 Order that vacated submission and ordered the parties to appear for trial after both parties petitioned for reconsideration of the April 22, 2021 Findings of Fact and Award. The WCJ had cited Labor Code section 5803. The Appeals Board found the Order was issued within 15 days of the petition for reconsideration and therefore was a valid order under WCAB Rule 10961, but revised the citation. The Board concluded that setting the matter for trial was inappropriate where issues required development of the record before adjudication, and that a status conference was the proper setting. The Board granted removal, rescinded the Order, and substituted a new order setting the matter for a status conference.

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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