Statue Of California, Department Of Industrial Relations, Legally Uninsured; Adjusted by State Compensation Insurance Fund Donald Renetzky WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD RENETZKY, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured; Adjusted by STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ2866384 (VNO 0338654)ADJ845033 (VNO 0407336)OPINION AND ORDER DENYING PETITION FOR REMOVAL By timely filed petition, Applicant sought removal of the Order issued by a workers’ compensation administrative law judge (WCJ) on April 13, 2011, directing applicant to sit for a further deposition and continuing the mandatory settlement conference (MSC) in these matters to June 8, 2011. Applicant contended that the WCJ erred in allowing him to be deposed for a third time and in denying his request to set this matter for trial instead of a MSC. In response to applicant’s Petition for Removal, on April 18, 2011, the WCJ issued an Order Rescinding Discovery Determination and Setting under Appeals Board Rule 10843(d)1 on the basis that a trial should be conducted to determine whether or not further discovery in the form of applicant’s third deposition should be allowed. A trial was held on June 7, 2011. The WCJ issued Findings and Order (F&O), finding that defendant is entitled to further discovery in the form of a third deposition of applicant concerning statements made by him to AME George Watkin, M.D. in conjunction with his December 8, 2010 evaluation of applicant, followed by the deposition of Dr. Watkin. The F&O also ordered that discovery remain open. The WCJ also ordered applicant’s April 18, 2011, Petition for Removal “reinstated.” 1 The Appeals Board’s Rules of Practice and Procedure are set forth in the California Code of Regulations, title beginning with section 10300. , We have considered the allegations of the petition for removal, the answer fi
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