Eric Vollmer vs. Dr. Smoothy Enterprises; Clarendon National Insurance Company, Administered By American All Risk Loss Administrators

This case involves a dispute between Eric Vollmer, the applicant, and Dr. Smoothy Enterprises and Clarendon National Insurance Company, administered by American All Risk Loss Administrators, the defendants. Vollmer sustained an industrial injury to his left thumb, right ankle, both knees, right hip, low back and left upper extremity while employed on March 31, 2005. The WCJ issued a Findings and Award and Order, awarding in relevant part 61% permanent disability and temporary disability indemnity from November 5, 2005, to January 14, 2010. The WCJ then issued an Order Vacating Findings and Award and set the case for a mandatory settlement conference. The defendants filed a Petition for Removal and Disqualification of the WC

Dr. Smoothy Enterprises; Clarendon National Insurance Company, administered by American All Risk Loss Administrators Eric Vollmer WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIC VOLLMER, Applicant,vs.DR. SMOOTHY ENTERPRISES; CLARENDON NATIONAL INSURANCE COMPANY, administered by AMERICAN ALL RISK LOSS ADMINISTRATORS, Defendants.Case No. ADJ1761452 (ANA 0390533)OPINION AND ORDER DENYING PETITION FOR REMOVAL AND DISQUALIFICATION            Defendant has filed a timely, verified Petition for Removal and Disqualification of the workers’ compensation administrative law judge (WCJ) in this case. With regard to removal, defendant requests that the Appeals Board rescind the Order Vacating Findings and Award dated June 7, 2011, wherein the WCJ vacated the Findings and Award dated May 26, 2011, and set the case for a mandatory settlement conference (MSC) “to make sure that all the issues raised are properly designated.” Defendant contends that the WCJ exceeded his authority in awarding benefits regarding issues not raised at an MSC or at trial and that the WCJ has “manufactured” a reason to set aside the Award to permit further proceedings. We have not received an answer from applicant. With regard to disqualification, defendant requests that the WCJ be disqualified for unstated reasons.            Applicant, while employed on March 31, 2005, sustained an industrial injury to his left thumb, right ankle, both knees, right hip, low back and left upper extremity. On April 27, 2011, the WCJ filed a Findings and Award and Order, awarding in relevant part 61% permanent disability and temporary disability indemnity from November 5, 2005, to January 14, 2010. Lien claimant, County of Orange Department of Child Support Services, filed a Petition for Reconsideration, contending that it was entitled to payment of its child support lien. The WCJ issued an Order Vacating Findings and Award dated May 9, 2011, in order to clear up inconsistencies. Thereafter, applicant and lien c

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