ROYAL TERRACE HEALTHCARE; TRAVELERS INSURANCE, EVA DICKINSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVA DICKINSON, Applicant,vs.ROYAL TERRACE HEALTHCARE; TRAVELERS INSURANCE, Defendants,Case No. ADJ1191946 (ANA 0410828)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL Defendant has filed a timely, unverified petition for removal, requesting that the appeals board rescind the Order dated April 14, 2009, wherein Workers’ Compensation Administrative Law I Judge (WCJ) J. Barry Collins continued the matter to trial on May 27, 2009. Petitioner requests that the appeals board vacate the trial date and dismiss applicant’s case. We have not received an answer from applicant. In a Report and Recommendation on Petition for Removal, Presiding WCJ Whiteley informs us that WCJ Collins has resigned. He recommends that the case be returned to the trial level for reassignment to a new WCJ for review of the issues presented in defendant’s petition for removal. We agree. We also note that the trial date has passed, and no further proceedings are scheduled. Therefore, we dismiss the petition for removal as moot, and we return the case to the trial level for reassignment to a new WCJ and further proceedings. For the foregoing reasons, IT IS ORDERED that defendant’s petition for removal is DISMISSED as moot.///////// , IT IS FURTHER ORDERED that this matter is RETURNED to the trial level for reassignment to a new WCJ and such further proceedings and decisions by the WCJ as may be required. WORKERS’COMPENSATION APPEALS BOARD _______________________________ DEIDRA E. LOWEI CONCUR,_______________________________ FRANK M. BRASS_______________________________ RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUN 08 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Pierce & WeissE
Eva Dickinson, vs. Royal Terrace Healthcare; Travelers Insurance,
In this case, Eva Dickinson, the applicant, requested that the Workers' Compensation Appeals Board rescind the Order dated April 14, 2009, wherein Workers' Compensation Administrative Law I Judge (WCJ) J. Barry Collins continued the matter to trial on May 27, 2009. The defendant, Royal Terrace Healthcare and Travelers Insurance, filed a timely, unverified petition for removal. The Presiding WCJ Whiteley recommended that the case be returned to the trial level for reassignment to a new WCJ for review of the issues presented in defendant's petition for removal. The appeals board agreed and dismissed the petition for removal as moot, returning the case to the trial level for reassignment to a new WCJ and further proceedings.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ1191946
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