Williams v. Home Depot CA3

Filed 10/2/13 Williams v. Home Depot CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

APRIL PREMO WILLIAMS, C070573

Plaintiff and Appellant, (Super. Ct. No. 39201100269248CUCRSTK) v.

THE HOME DEPOT,

Defendant and Respondent.

April Premo Williams, representing herself, informed the trial court that she is an individual with a mental disability and asked the trial court to “remove” her pending Workers’ Compensation Appeals Board (WCAB) matter to the superior court and to stay the matter until Williams can appeal to the United States Supreme Court or the California Supreme Court to determine her due process rights. The trial court characterized the request as a motion and denied it, concluding that it lacked jurisdiction over the matter. We will affirm the order.

1

BACKGROUND The record on appeal is quite limited, but we will summarize the factual assertions made in the request for removal. Williams was employed by The Home Depot. In 2003, she was injured on the job. Williams claimed workers’ compensation benefits and in December 2005, the parties signed a “Stipulation and Award and/or Order” by which The Home Depot agreed to provide “benefits and treatment [to Williams] in accordance with the opinions of the AME, Dr. Abeliuk.” Thereafter, Williams received medical treatment, including surgeries. Williams disagrees that her condition is permanent and stationary, and claims she was “forced” to settle her claim. She made several appeals to the WCAB but the case has not resolved. In her instant request for removal, Williams claimed the WCAB failed to require that she receive prompt and adequate medical treatment. She also claimed the WCAB allowed The Home Depot to hold her in involuntary servitude. Williams asserted that removal of her pending workers’ compensation matter to the superior court was necessary because she is mentally disabled, her requests to the Department of Industrial Relations for reasonable accommodation under the Americans with Disabilities Act were not granted, and hence her due process and civil rights have been violated. Following a hearing, the trial court denied the request for removal, concluding that it has no jurisdiction over the matter. DISCUSSION I The trial court correctly ruled that it lacked jurisdiction to remove the workers’ compensation matter to the superior court. The California Workers’ Compensation Act (the Act) provides an elaborate and complete scheme for the adjudication of claims by employees against employers for