Jose Rodriguez — ADJ13359005

Applicant Jose Rodriguez sought removal of a WCJ's December 10, 2020 Order Denying his Motion to Quash a deposition notice and notice for production of documents issued by defendant FedEx (self-insured, administered by Sedgwick). The WCJ denied the motion because applicant submitted no declaration or evidence showing a good faith attempt to informally resolve the deposition dispute. The Appeals Board found that the record was insufficient to evaluate either applicant's petition or the WCJ's order, noting that critical evidence—including the December 4, 2020 Notice of Deposition itself—was absent, and that exhibits attached to a later second motion were not offered with the first motion. The Board granted removal, rescinded the order, and returned the matter to the trial level for creation of a proper record and further proceedings.