is a case in which Alfonso Acevedo, an assistant machine operator for Mercury Container, filed an Application for Adjudication of Claim for a cumulative trauma injury ending 6/9/2010. The injury was accepted by the defendants, Amcor Packaging Distribution/Mercury Container, who then took the applicant’s deposition on three occasions. After the depositions, the defendants obtained surveillance tape which they contend shows the injured worker “engaging in deceitful and/or fraudulent conduct.” The defendants filed a Petition for Removal from the hearing on 11/16/2012, alleging that the issue of §5710 attorney’s fees should have been deferred pursuant to Mitchell v. Golden Eagle Insurance. The Workers’ Compensation Appeals Board denied the Petition for Removal
Amcor Packaging Distribution/Mercury Container; Permissibly Self-Insured, c/o Broadspire Alfonso Acevedo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFONSO ACEVEDO, Applicant,vs.AMCOR PACKAGING DISTRIBUTION/MERCURY CONTAINER; Permissibly Self-Insured, c/o BROADSPIRE, Defendants.Case No. ADJ7719449 (San Francisco District Office)ORDER DENYING 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. We also admonish defendant’s attorney for appending: (1) a case published in California Compensation Cases in violation of Rule 10222(b) (Cal. Code Regs., tit. 8, § 10222(b)); and (2) documents already in the record, in violation of Rule 108 42(c) (Cal. Code Regs., tit. 8, § 10842(c)). Further violations
