WCPanelIQ
PanelLienGranted

Perez Ledesma, Jose

JOSE PEREZ LEDESMA, et al., Applicants vs. RUIZ & SON; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11350389
Decision date
Sep 22, 2025
District office
Santa Barbara
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: left leg

LC §5909LC §5900LC §5708LC §5902LC §5903LC §3201LC §3211CCR §10642CCR §10600CCR §10955CCR §9795.3

Summary

Cost petitioner Marjorie Martinez Interpreting sought to obtain documents from defendant SCIF via a notice to produce regarding interpreter payments and explanations of review. The WCJ overruled defendant's objections but found that a notice to produce was invalid in workers' compensation proceedings and that the cost petitioner must instead issue a subpoena. The WCAB treated the petition for removal as one for reconsideration because the F&O contained both final (employment and injury) and non-final findings. The Board held that WCAB Rule 10642 expressly authorizes a notice to produce under Code of Civil Procedure section 1987, and there is no Labor Code provision precluding it. The Board rescinded the F&O and substituted a new Findings and Order requiring defendant to produce the requested documents.

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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