Jose H. Hernandez

Defendant sought removal of a WCJ's July 27, 2010 Orders compelling the deposition of its claims adjuster and production of documents identified in applicant's deposition notice, arguing the discovery scope was excessive and the record was inadequate. While preparing its opinion, the Appeals Board discovered the case had already been settled via a Compromise and Release approved by a different WCJ on January 18, 2011. The Board found the record so incomplete—lacking admitted evidence, stipulations, issues, a summary of evidence, and an opinion on decision—that it would have granted removal and remanded but for the intervening settlement. Because the C&R rendered the petition moot, the Board dismissed the petition for removal. The Board used the opinion to emphasize record-keeping duties under Hamilton, Labor Code section 5313, and EAMS scanning obligations.