Fiesta Food Warehouse; Springfield Insurance Co. Filiberto Santoyo WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFILIBERTO SANTOYO, Applicant,vs.FIESTA FOOD WAREHOUSE; SPRINGFIELD INSURANCE CO., Defendant.Case No. ADJ2956078 (LAO 0879488)OPINION AND ORDER DENYING PETITION FOR REMOVAL Applicant has filed a timely petition for removal, requesting that the Appeals Hoard rescind the Order Rescinding September 7. 2010. Order and Notice of Hearing dated September 20. 2010. Applicant contends that the WCJ issued the Order without allowing applicant to respond, thus depriving him of due process of law; that applicant is not required to object to findings of the treating physician w here he sccksiddilional panels of qualified medical evaluators (QMF.s) based upon recommendations of the treating physician; and that there is a duty to dev elop the medical record where the reports of the treating physician demonstrate that the medical record is incomplete and needs development. We have not received an answer from détendant. On July 13. 2007. applicant filed an Application for Adjudication of Claim, alleging that, while employed as a security guard on June 11, 2007. he had sustained an industrial injury to his right knee radiating to lower extremities, hip and groin. On July 26. 2010. lie amended his Application to allege additional injury’ to internal, psyche, sleep disorder and sexual dysfunction. On June 9. 2010. defendant tiled a Declaration of Readiness to Proceed. At a mandatory settlement conference (MSC) on July 26, 2010, the pames filed a pretrial conference statement pursuant to Labor Code section 5501(e)(3).1 and the case was continued to trial on September 7, 2010. Applicant also filed his amended Application and a Petition for Order to Appoint QMF. Panels in Orihopcdies. Psych and Internal from Medical Lnit. 1 Unless otherwise specified all statutory references arc io the Labor Code. , On August 3,2010.. lhe WCJ i
