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Alicia Saucedo vs. Tri Marine Canning Co.; Ciga By Its Servicing Facility, Broadspire, For Superior National, In Liquidation

Tri Marine Canning Co.; CIGA by its servicing facility, Broadspire, for Superior National, in liquidation Alicia Saucedo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA SAUCEDO, Applicant,vs.TRI MARINE CANNING CO.; CIGA by its servicing facility, BROADSPIRE, for SUPERIOR NATIONAL, in liquidation, Defendants.Case Nos. ADJ2919964 (LAO 0735981) OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            California Insurance Guarantee Association, through its servicing facility, Broadspire, on behalf of Superior National, in liquidation (defendant), seeks removal of the Order issued by a workers’ compensation administrative law judge (WCJ) on August 5, 2011, setting this matter for a lien trial on September 16, 2011.            Defendant contends that the WCJ’s Order will cause it significant prejudice and irreparable harm because it terminates defendant’s right to conduct necessary discovery that is germane to whether or not it has any liability for payment of any outstanding liens in this case. In addition, defendant argues that the WCJ’s Order setting a lien trial without affording it an opportunity to conduct necessary discovery deprives it of its due process rights.            We have considered the allegations of the Petition for Removal and the contents of the Report and Recommendation on Petition for Removal (Report) of the WCJ. We have not received answers to defendant’s Petition for Removal from any of the lien claimants of record or their representatives.            Based upon our review of the record and for the reasons set forth below, we will exercise our authority under Labor Code section 5310 to grant removal in this matter, rescind the Order setting this matter for trial on September 16, 2011, and issue an Order taking this matter off calendar pending completion of discovery. , RELEVANT FACTS            Alicia Saucedo (applicant) born while employed as a fish cleaner/de-boner by defendant on September 11, 1996,


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