Excel Paving Company; Cambridge Integrated Services Efrain Canseco WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEFRAIN CANSECO, Applicant,vs. EXCEL PAVING COMPANY; CAMBRIDGE INTEGRATED SERVICES, Defendant.Case No. LAO 859962OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION ANDDENYING PETITIONFOR REMOVAL Defendant seeks reconsideration, or in the alternative, removal, following the issuance of an Order Taking the Matter Off Calendar issued October 31, 2007 wherein the workers’ compensation administrative law judge (WCJ) took the matter off calendar. The WCJ noted that “both sides have been conducting discovery after the Mandatory Settlement Conference, and discovery remains incomplete.” The WCJ found that further development of the record, through continuing discovery, was required. Therefore, a continuance was authorized pursuant to Labor Code section 5502. Defendant contends that the WCJ erred by taking the matter off calendar arguing: (1) that there was no good cause to take the matter off calendar; (2) that “applicant’s attorney’s only argument for a continuance was that applicant had not obtained P&S reports from his treating physicians”; (3) that adequate medical evidence presently exists in the form of defendant’s “two medical reports indicating that the applicant is permanent and stationary”; and (4) that “there was no consideration given to the complexity of the issues, the diligence of the parties or the prejudice to defendants in taking this matter off calendar” and therefore Labor Code section 5502 does not authorize the continuation of trial. Based upon our review of the record, and for the reasons set forth in the WCJ’s Report and Recommendation on Petition for Reconsideration (Report), which we adopt and incorporate, we , will dismiss defendant’s Petition for Reconsideration, because there is no final order subject to reconsideration. Furthermore, addressing the petition as a Petition for Removal,
