Eric Brown, vs. Johnson Controls World Services, Inc; Aims, Sacramento,

This case involves Eric Brown, an applicant, and Johnson Controls World Services, Inc; AIMS, Sacramento, the defendant. The defendant filed a petition for removal requesting that the Appeals Board reverse the Order dated October 29, 2008, wherein the workers' compensation administrative law judge ordered the matter off calendar. The petition was found to be untimely and not verified as required, and was dismissed by the Appeals Board.

JOHNSON CONTROLS WORLD SERVICES, INC; AIMS, SACRAMENTO, ERIC BROWN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIC BROWN, Applicant,vs.JOHNSON CONTROLS WORLDSERVICES, INC; AIMS, SACRAMENTO, Defendant(s).Case No. ADJ3040480 (POM 0238140)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL            On December 8, 2008, defendant filed a petition for removal, requesting that the Appeals Board reverse the Order dated October 29, 2008, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter off calendar, noting “AA to id the carrier for subsequent employer.” Defendant contends that a petition to reopen has been pending in this matter since June 20, 2000, that applicant has no further discovery pending in this matter, and that it has a right to a prompt resolution of this claim. We have not received an answer from applicant.            WCAB Rule 10843(a) (Cal. Code Regs., tit. 8, § 10843(a)) provides that a petition for removal may be filed “[a]t any time within twenty (20) days after service of the order or decision, or of the occurrence of the action in issue.” Here, the Order dated October 29, 2008, shows that it was served on defense counsel on that date. The petition was filed forty days later. It is untimely. Furthermore, it is not verified as required by WCAB Rule 10843(b) and there is no proof of service as required by WCAB Rule 10850. Therefore, we dismiss the petition.            We note that if we had reached the merits, we would have denied the petition for reasons set out by the WCJ in his Report and Recommendation on Petition for Removal, which we adopt and incorporate herein.////// ,             For the foregoing reasons,            IT IS ORDERED that defendant’s petition for removal is DISMISSED.        WORKERS’ COMPENSATION APPEALS BOARD        ____________________________        ALFONSO J. MORESII CONCUR,____________________________        NEIL P. SULLIVANCONCURRING, BUT NOT SIGNING_____JAMES C. CUNEO________DAT

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