SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE; CORVEL CHINO, DON HARRELL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADON HARRELL, Applicant,SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE; CORVEL CHINO, Defendant(s).Case No. ADJ6854485OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated August 11, 2009, wherein the workers’ compensation administrative law judge (WCJ) continued this matter to trial on September 16, 2009. Defendant contends that it did not receive a copy of applicant’s Declaration of Readiness to Proceed (DOR) and did not receive notice of the mandatory settlement conference (MSC) scheduled for August 11, 2009. Defendant contends that it has been deprived of the opportunity to be heard and to conduct discovery, thus denying it due process of law. We have not received an answer from applicant. Applicant has filed an Application for Adjudication of Claim dated March 16, 2009, but filed on July 14, 2009, claiming that he sustained an industrial injury to his left knee on July 23, 2008, “while playing basketball on property of & using equipment provided by County of Orangeat lunch.” Concurrently he filed a DOR that shows service on defendant. The matter was scheduled for an MSC on August 11, 2009. Defendant did not appear. The WCJ continued the matter to trial on September 16, 2009. In his Report and Recommendation on Petition for Removal, the WCJ notes that there is nothing in the WCAB file indicating that defendant was served with a notice of the MSC. , Therefore, the WCJ recommends that we designate the hearing on September 16, 2009, as another MSC (see WCAB Rule 10420 (Cal. Code Regs., tit. 8, § 10420)). We concur. Although the original trial date has now passed, we remand this matter to the trial level to be set for another MSC so that defendant may have
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