2012-EB-1_1 (2012). IN RE: DANIEL ESCAMILLA Respondent.

• Court: California

California Workers Compensation Decisions 2012. 2012-EB-1_1 (2012). IN RE: DANIEL ESCAMILLA Respondent WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIAIN RE: DANIEL ESCAMILLA, Respondent.Misc. No. 254OPINION AND ORDER DISMISSING PETITION FOR CHANGE OF VENUE, DENYING REQUEST FOR IMMEDIATESTAY OF PROCEEDINGS,GRANTING PETITION FORREMOVAL, AND DECISION AFTER REMOVAL Daniel Escamilla, in propria persona, filed two petitions on January 6, 2012: a Petition for Change of Venue [Labor Code section 5501.6] and a Petition for Removal and Request for Immediate Stay of Proceedings. While the relief sought in the Petition for Change of Venue is not clearly stated, it appears that Mr. Escamilla seeks a change of venue to an unspecified Workers' Compensation Appeals Board (WCAB) district office in Southern California. In his Petition for Removal, Mr. Escamilla seeks review of the December 20, 2011 orders by workers' compensation administrative law judge (WCJ) David Hettick, serving as the designated hearing officer for the Appeals Board, relieving Traci Hinden as petitioner's counsel of record, denying appointment of an attorney under Code of Civil Procedure section 285.4, denying a 60-day continuance of the January 27, 2011 hearing, and requiring Mr. Escamilla, by January 6, 2011, to disclose the names and addresses of all witnesses, together with a short, concise offer of proof as to their anticipated testimony. Mr. Escamilla also seeks a stay of the proceedings so that we may address the issues raised in his petition and so that he may engage in discovery and obtain counsel. Mr. Escamilla contends that it was beyond the scope of the hearing officer's appointment to make a decision on Ms. Hinden's motion to be relieved as counsel; that the hearing officer exceeded his authority and violated due process by ordering Mr. Escamilla's attorney to disclose in camera her reasons for withdrawing; that there was no good cause for Mr. Escamilla's counsel to be relieved, and that it caused Mr. Escamilla substantial prejudice; that he was not afforded sufficient notice of his counsel's withdrawal; that he is entitled to protection of his constitutional right to counsel because of the quasi-criminal nature of this proceeding; and that the hearing officer erred in ordering him to file any Petition for Removal, to disclose his witnesses, and to make an offer of proof as to their anticipated testimony by January 6, 2011. We have considered the petitions and the replies filed by John Shields, prosecuting attorney for the WCAB, and we have reviewed the record in this matter. For the reasons discussed below, we will dismiss the Petition for Change of Venue and deny the Request for Immediate Stay of Proceedings. We will grant removal, affirm the order relieving Ms. Hinden as Mr. Escamilla's counsel, continue the January 27, 2012 hearing, and direct the hearing officer to reschedule the pre-hearing conference for no sooner than 45 days from the date of this decision, and a hearing approximately 45 days after the conference. First, we will address the Petition for Change of Venue. This proceeding on the issue of suspension or removal of Mr. Escamilla's privilege to appear in WCAB proceedings as a representative of any party was not initiated by the filing of an application, the mechanism by which an applicant both invokes the WCAB's jurisdiction in a proceeding to receive compensation and selects venue...