ADJ17814379•Olson, Allicia, Applicant v. SEA WORLD SAN DIEGO; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants
Olson, Allicia, Applicant v. SEA WORLD SAN DIEGO; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants
ADJ17814379Calwcab4 déc. 2025
Texte intégral
WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIA ALLICIA OLSON, Applicant vs. SEA WORLD SAN DIEGO; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants Adjudication Number: ADJ17814379 San Diego District Office OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a petition for removal from the order setting the matter for trial issued on September 18, 2025, by the workers’ compensation administrative law judge (WCJ). Applicant contends that trial should not proceed upon all issues listed on the pre-trial conference statement, because discovery is not complete. We have received an Answer from defendant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s Report, we will deny removal. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ’s analysis of the merits of petitioner’s arguments, we are not persuaded that substantial prejudice or irreparable
2 harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner. Decisions of the Appeals Board “must be based on admitted evidence in the record.” (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code, §§ 5903, 5952(d); Lamb v. Workmen’s Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen’s Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for the WCJ’s decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10761.) Here, once the parties proceed to trial, they will have an opportunity to create a record, raise all relevant issues, and submit evidence. Specifically, as part of that process, the parties will have an opportunity to raise the issue of whether further development of the record is appropriate. The trial WCJ can then consider the evidence and the legal arguments raised by the parties and determine how best to proceed. We make no judgment at this time whether additional discovery is warranted since without a formal record available to review, we have no ability to make this determination. Accordingly, we deny removal.
3 For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Removal from the order setting the matter for trial issued on September 18, 2025, by the WCJ is DENIED. WORKERS’ COMPENSATION APPEALS BOARD /s/ JOSEPH V. CAPURRO, COMMISSIONER I CONCUR, /s/ KATHERINE WILLIAMS DODD, COMMISSIONER /s/ CRAIG L. SNELLINGS, COMMISSIONER DATED AND FILED AT SAN FRANCISCO, CALIFORNIA December 4, 2025 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD. ALLICIA OLSON GLASS LAW SHATFORD LAW PATRICO LAW EDL/mt I certify that I affixed the official seal of the Workers’ Compensation Appeals Board to this original decision on this date. o.o
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