ANTONIO ENRIQUEZ vs. WILLIES PAINTING STATE COMPENSATION INSURANCE FUND

WILLIES PAINTING STATE COMPENSATION INSURANCE FUND ANTONIO ENRIQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIO ENRIQUEZ, Applicant,vs.WILLIES PAINTING; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2137779 (LAO 0846312)ORDER DENYING    PETITION FOR REMOVAL            We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny removal.            With regard to the WCJ’s suggestion that we refer this matter to mandatory arbitration, we do not believe that we have the power to do so, despite Labor Code section 133. Labor Code section 5275 provides that the only issues subject to mandatory arbitration are insurance coverage and contribution. All other issues may be submitted for arbitration by agreement of the parties. If the parties in this case decide to submit their issues to arbitration, they may do so. Otherwise, the WCJ may wish to appoint a special master to oversee discovery issues until this matter is ready for trial./ / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARD    _____________________________________________FRANK M. BRASS        I CONCUR,        _____________________________________________RONNIE G. CAPLANE        _____________________________________________MARGUERITE SWEENEY        DATED AND FILED AT SAN FRANCISCO, CALIFORNIA                MAY 20 2014    SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ASVAR LAW, APCICON LAWODJAGHIAN & ASSOCIATESSHANDLER & ASSOCIATESebc , [h4]CASE NO.: ADJ2137779[/h4]ANTONIO ENRIQUEZ vs. WILLIES PAINTING, SCIFWORKERS’ COMPENSATION JUDGE: DANIEL A. D

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