Doreidy Rios vs. Wmse, Incorporated/won Embroidery; Star Insurance Company C/o Meadowbrook Insurance, Adjusting Agent

This case is about Doreidy Rios, an applicant, and WMSE, Incorporated/Won Embroidery; Star Insurance Company c/o Meadowbrook Insurance, Adjusting agent, defendants. The defendant filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated January 23, 2013, wherein the workers' compensation administrative law judge (WCJ) continued this matter to trial on March 13, 2013. The Appeals Board denied the petition, finding that the defendant had not suffered significant prejudice or irreparable harm, and that there was no good cause to bifurcate the issue of employment. The case was returned to the trial level to be set for trial and for further proceedings and decisions by the WCJ

WMSE, Incorporated/Won Embroidery; Star Insurance Company c/o Meadowbrook Insurance, Adjusting agent Doreidy Rios WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOREIDY RIOS, Applicant,vs.WMSE, INCORPORATED/WON EMBROIDERY; STARINSURANCE COMPANY c/o MEADOWBROOK INSURANCE,Adjusting agent, Defendants.Case No. ADJ7284229(Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL            Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated January 23, 2013, wherein the workers’ compensation administrative law judge (WCJ) continued this matter to trial on March 13, 2013.1 Defendant contends that allowing lien claimants additional time for preparation prejudices defendant and that the WCJ should be removed from the case. We have not received any responses from opposing parties.            Applicant resolved his case by Compromise and Release approved on September 18, 2012. Among the issues acknowledged by the parties to have been resolved by the compromise and release was “employment.” At a Mandatory Settlement Conference on November 28, 2012, defendant and a number of lien claimants filed a Pre-Trial Conference Statement, identifying stipulations and issues and listing exhibits and witnesses. “Employment” is specified as an issue. Neither defendant nor any of the lien claimants listed any witnesses. The case was continued to trial.            At trial on January 23, 2013, the WCJ announced that he intended to try the issue of employment first, because it is a threshold issue. Defendant objected. The lien claimants present offered no rebuttal to defendant’s objection. The case was continued to March 13, 2013, then taken off calendar. 1 The trial on March 13, 2013, was taken off calendar, pending resolution of this petition. ,             With regard to defendant’s petition, after our review of the record, we cannot see how defendant has suffered significant prejudice or irreparable ha

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