Perkinelmer Optoelectronics and Liberty Mutual Insurance Company Benoit Parise WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABENOIT PARISE, Applicant,vs.PERKINELMER OPTOELECTRONICS and LIBERTY MUTUAL INSURANCECOMPANY, Defendants.Case No. ADJ1797960 (SAC 0368274)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant Liberty Mutual Insurance Company (Liberty), insurer of employer Perkinelmer Optoelectronics, has filed a timely, verified petition for removal, requesting that the Appeals Board rescind the Orders dated November 10, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered that Perkinelmer Optoelectronics and Liberty were joined as party defendants in this case, and that the case was taken off calendar. Liberty contends that the WCJ was without jurisdiction to order a properly dismissed defendants back into a case from which they have been dismissed without timely appeal. We have not received an answer from applicant. On behalf of applicant, applicant’s attorney filed an Application for Adjudication of Claim dated April 17, 2008, alleging that applicant had sustained an industrial injury to “lungs, respiratory system, heart, psyche as sequella” and alleging a date of injury of “CT [cumulative trauma] to 08/07.” The application identified eleven employers from 1975 through 2004. The last was Perkinelmer Optoelectronics from 2000 to 2004. On June 5, 2008, applicant’s attorney filed an “Objection to Petition for Dismissal” of one of the employers, stating: “Mr. Parise has developed fibrosis of the lungs. He believes this was caused by exposure to metal fumes. Although the exposure was not to asbestos, which also causes fibrosis of the lungs, we are treating this case in a similar way. Although we listed the date of , injury at August 2007, a doctor could find an earlier dated of ‘last harmful exposure.’ Until we have a doctor’s report discussing the date of injury, we object to this Petition
