STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, DARRYL CAETANO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADARRYL CAETANO, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES, Legally Uninsured; STATE COMPENSATIONINSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendant.Case No. ADJ1544900 (STK 0209146)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING REMOVAL Defendant seeks removal, or in the alternative, reconsideration of the “Findings and Award Order” issued by the workers’ compensation administrative law judge (WCJ) on December 9, 2008, wherein the WCJ found that applicant, while employed as a utility craft worker, sustained an admitted industrial injury to his cervical spine/neck on April 2, 2004. The WCJ also found that the record needs further development to determine whether applicant sustained industrial injury to additional body parts, including the left knee, low back and right wrist. In its petition seeking reconsideration and removal, defendant contends that the WCJ should not have issued the December 9, 2008 Findings and Award Order to develop the record, arguing that it will suffer significant prejudice or irreparable harm in that it will have to continue to bear additional and unnecessary litigation costs. Defendant argues that further development of the record will expose it to liability that should have been foreclosed at the mandatory settlement conference (MSC). No answer was received. We have considered the allegations of defendant’s petition and the contents of the record, including the WCJ’s “Report and Recommendation on Petition for Removal” (Report). Based on , our review of the record and for the reasons stated herein as well as for the reasons stated by the WCJ in his Report, we will dismiss defendant’s petition for reconsideration and deny removal.
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