Volt Service; Specialty Risk Services Bairo Reynoso WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABAIRO REYNOSO, Applicant,vs.VOLT SERVICE; SPECIALTY RISKSERVICES, Defendants.Case Nos. ADJ2151255 (LAO 0804906)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant seeks reconsideration and removal of the Order setting trial issued by a workers’ compensation administrative law judge (WCJ) on November 26, 2012 at a mandatory settlement conference (MSC), wherein the WCJ bifurcated the home health care lien and set the case in chief for trial. Applicant, while employed on November 30, 2001 as a janitor, sustained admitted industrial injury to his back, neck, and right shoulder, and claims injury to his psyche, internal, sleep, hypertension, GERD, erectile dysfunction, and diabetes. Defendant contends that the WCJ erred in setting the case in chief for trial, arguing that it has not had the opportunity to complete the deposition of applicant’s wife who has provided applicant with home health care. Defendant also contends that the reports of the medical examiners are stale and that the doctors should have been able to review the additional surveillance films taken by defendant. We have considered the Petition for Reconsideration and we have reviewed the record in this matter. Applicant filed an Answer. The WCJ has filed a Report and Recommendation on Petition for Removal, recommending that the Petition be denied. Based on our review of the record and for the reasons stated herein, we will dismiss the Petition for Reconsideration because the November 26, 2012 Order setting trial is not a final order. We will also grant removal, rescind the November 26, 2012 Order, and order the matter off calendar. , FACTS Applicant, while employed on November 30, 2001 as a janitor, sustained admitted industrial injury to his back, neck, and right shoulder, and cl
