County Of Riverside, Department Of Public Health Carrita Morales WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARRITA MORALES, Applicant,vs.COUNTY OF RIVERSIDE, DEPARTMENT OF PUBLIC HEALTH, Defendants.Case No. ADJ3157778 (SBR 0342745)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL AND GRANTING REMOVAL ON OWN MOTION AND DECISION AFTER REMOVAL Defendant has filed an untimely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated May 25, 2011, wherein the workers’ compensation administrative law judge (WCJ) took the case off calendar and ordered discovery reopened. The WCJ stated: “Parties and WCJ had extensive discussions. Court finds primary treating physician Ghazal’s permanent and stationary [report] of 2007 needs supplement-he has not seen the sleep report which states insomnia needs to be addressed, which applicant attempted to do with another sleep evaluation, for which authorization was denied as duplicative. Also, Dr. Ghazal states fracture is completely healed, but has ordered new injection and physical therapy based on complaints he finds are the same as time of P&S. Discovery is reopened to complete the record. PTP may be deposed. He will be provided with the sleep report for comment re whether a referral by PTP is in order on that issue. Parties may seek panel QME for sleep in interim, which may be cancelled if PTP makes referral. PTP will also review applicant’s depo transcript. Applicant did object to trial setting at MSC and new reporting received since MSC for pre-MSC exam does appear to be a change in status, which needs to be addressed. Defendant’s motion to proceed on present record is denied. Discovery is reopened and matter is ordered off calendar.” Defendant contends that applicant failed to object to defendant’s Declaration of Readiness to Proceed dated October 6, 2009; that applicant did not object to the findings of the treating physician; and7 that applicant has not exercise
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