EMILY CLAUSEN vs. MCGHAN MEDICAL/INAMED CORPORATION; FIRST NATIONAL INSURANCE COMPANY OF AMERICA C/O SAFECO INSURANCE COMPANY

ADJ3643134 (GOL0088474) ADJ2764511 (SBA0079108) In this case, Emily Clausen is appealing a decision made by the Workers' Compensation Administrative Law Judge (WCJ). The WCJ's decision is being challenged by the Petition for Reconsideration and the Petition for Removal. The Workers' Compensation Appeals Board has reviewed the record and has decided to deny the Petition for Reconsideration and dismiss the Petition for Removal. The Board also noted that the WCJ's reasoning is sound, despite a mistake about the applicant's age.

MCGHAN MEDICAL/INAMED CORPORATION; FIRST NATIONAL INSURANCE COMPANY OF AMERICA C/O SAFECO INSURANCE COMPANY EMILY CLAUSEN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEMILY CLAUSEN, Applicant,vs.MCGHAN MEDICAL/INAMED CORPORATION; FIRST NATIONAL INSURANCECOMPANY OF AMERICA C/O SAFECO INSURANCE COMPANY, Defendants.Case Nos. ADJ2711362 (SBA 0085364)ADJ3643134 (GOL 0088474)ADJ2764511 (SBA 0079108)(Goleta District Office)ORDER DENYING RECONSIDERATION AND DISMISSING REMOVAL            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            We further note that if applicant’s date of birth is September 21, 1937, she is 75 years of age, not 84 as stated in WCJ’s Report. Notwithstanding the mistake about applicant’s age, the WCJ’s reasoning is sound and we are not inclined to disturb his decision.            Furthermore, although defendant’s Petition is alternately styled a Petition for Removal, the right of reconsideration is an. adequate remedy to challenge the substantive, final order issued by the WCJ. Therefore, we will dismiss the Petition for Removal. (Cal. Code Reg., tit. 8, § 10843.)/ / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED and that said Petition for Removal be, and the same hereby is, DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________________  DEIDRA E. LOWE_______________________________________________  MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA  OCT 02, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEI

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