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Calderas Jose vs. Ecology Construction, Inc; And Ciga Through Its Servicing Faciilty, Cambridge For Fremont Compensation,in Liquidation

Ecology Construction, Inc; and CIGA through its servicing faciilty, Cambridge for Fremont Compensation,In Liquidation Calderas Jose WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAJOSE CALDERAS,Applicant, vs. ECOLOGY CONSTRUCTION, INC.; AND CIGA THROUGH ITS SERVICING FACILITY, CAMBRIDGE FOR FREMONTCOMPENSATION, IN LIQUIDATION, o10Defendant(s). Case No. ADJ2453702 (LAO 0773585)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATIONAND DENYING PETITIONFOR REMOVAL            Defendant, Serrot Corporation, seeks reconsideration “or in the alternative, removal”, of the “Rule 10859 Order of Rescission and Further Development of the Record” issued June 16, 2010, wherein the workers’ compensation administrative law judge (WCJ) rescinded the ‘‘Findings of Facts Opinion on Decision dated May 11, 2010”. The WCJ rescinded the prior decision pursuant to California Code of Regulations, title 8, section 10859, following the filing of co-defendant. California Insurance Guarantee Association’s (CIGA) Petition for Reconsideration. The WCJ further ordered the parties “to depose ‘Mr. Chuck Gannon*, an employee of Ecology.”            Petitioner contends that the WCJ erred by rescinding the prior Findings of Facts arguing that there was an inadequate basis to reopen discovery beyond the prior discoyery cut off. Furthermore, defendant contends that co-defendant, CIGA’s, petition was untimely and therefore the WCJ lacked jurisdiction to rescind the prior Findings of Fact, pursuant to California Code of Regulations, title 8. section 10859. Defendant filed an Answer.            Based upon our review of the record, and for the reasons set forth herein, we will dismissdefendant’s Petition for Reconsideration, because there is no final order subject to reconsideration,and deny defendant’s petition as a petition for removal. ,             At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The WCJ’s Order, res


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