Aleksandr Yamnitsky vs. Morrow-meadows Corporation; St. Paul Travelers

In this case, Aleksandr Yamnitsky, an electrician, filed an application for adjudication of a claim for an industrial injury to multiple body parts while employed from December 11, 2002 to March 19, 2003. The Workers' Compensation Appeals Board granted Yamnitsky's petition for reconsideration and rescinded the WCJ's decision to dismiss the application. The Board also dismissed Yamnitsky's request for removal and denied his request for costs and sanctions against the defendant. The matter was returned to the trial level for further proceedings and decision by the WCJ.

Morrow-Meadows Corporation; St. Paul Travelers Aleksandr Yamnitsky WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEKSANDR YAMNITSKY, Applicant,vs.MORROW-MEADOWS CORPORATION;ST. PAUL TRAVELERS, Defendant(s).Case No. ADJ1403472 (LAO 0833148)OPINION AND ORDERS DISMISSING REQUEST FOR REMOVAL, GRANTINGRECONSIDERATION, AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of, and alternatively requests removal from, the November 17, 2009 Order Dismissing Application for Adjudication of Claim issued by the workers’ compensation administrative law judge (WCJ). Therein, the- WCJ dismissed applicant’s Application for Adjudication of Claim (Application) in this matter. The underlying case involves applicant’s claim of industrial injury to multiple body parts while employed as an electrician fromDecember 11, 2002 to March 19, 2003.            Applicant contends that the WCJ violated his procedural and substantive right to due process by dismissing his Application without notice and the opportunity to be heard and for not allowing him to testify or offer evidence at the November 4, 2009 trial. In addition, applicant requests costs and sanctions against defendant for intentionally denying his right to due process.            Defendant filed an Answer, and the WCJ issued a Report and Recommendation on Petition for Reconsideration and/or Removal (Report) recommending that we deny applicant’s Petition.            Based on our review of the record and for the reasons discussed below, we will dismiss applicant’s request for removal, grant reconsideration, rescind the WCJ’s Decision, and return this matter to the trial level for further proceedings and decision by the WCJ. ,             On December 29, 2008. we issued an Opinion and Order Denying Petition for Removal in this matter. We adopt and incorporate that December 29, 2008 Opinion and Order Denying Petition for Removal in this opinion to the extent that it is relevant to the present issues. Th

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