WCPanelIQ
En BancGranted in Part

Daniel Escamilla, Respondent

DANIEL ESCAMILLA, Respondent vs. WORKERS’ COMPENSATION APPEALS BOARD, Defendant

ADJ number
—
Decision date
Date unavailable
District office
San Francisco
WCJ
David Hettick
Claim administrator
—
Commissioners
—
LC §5501.6LC §5501.5LC §4907LC §130LC §5309CCR §10843

Summary

Daniel Escamilla, a non-attorney representative facing a Section 4907 proceeding before the Appeals Board to suspend or remove his privilege to appear before the WCAB, filed a Petition for Change of Venue and a Petition for Removal with a request for immediate stay. He challenged a WCJ hearing officer's December 20, 2011 orders relieving his counsel Traci Hinden, denying appointment of an attorney under CCP section 285.4, denying a 60-day continuance, and requiring disclosure of witnesses and offers of proof. The Appeals Board (en banc) dismissed the venue petition because Section 4907 proceedings are conducted by the Appeals Board, which has only one location in San Francisco and statewide jurisdiction. The Board denied the stay but granted removal, affirming the order relieving counsel and the hearing officer's procedural authority, while granting a third and final continuance to allow Escamilla one more opportunity to obtain counsel and prepare witnesses. The Board found no authority to appoint counsel at WCAB expense and held the proceeding was neither criminal nor quasi-criminal.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.