Northcal Pump; State Compensation Insurance Fund Gary K. Sanderson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY K. SANDERSON, Applicant,vs.NORTHCAL PUMP; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3891285OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant, in pro per, seeks reconsideration of the Order, issued June 16, 2011, wherein the workers’ compensation administrative law judge (WCJ) ordered: “In the interest of moving forward and good faith, applicant withdraws Petition for Sanctions. Parties stipulate to deposition of Dr. Feinberg; to be set by defendant. Deposition of Dr. Carey pending 8/19. Parties stipulate that deposition of applicant maybe conducted immediately, prior to that of Dr. Carey, either @ Dr. Carey’s office or another neutral location.” Applicant seeks reconsideration of the Order arguing: (1) “Defendant counsel … filed a Petition to Compel Applicant to Attend Deposition and DOR which was a frivolous, fraudulent and perjured filing”; (2) that the June 16, 2011 hearing was not attended by defense counsel assigned to applicant’s case and, although defendant withdrew the petition to compel, defendant should be liable for sanctions for bad faith tactics; and (3) applicant’s withdrawal of a request for sanctions was compelled by defendant’s bad faith actions and the request for sanctions should be reinstated. Defendant filed an answer. Based upon our review of the record, and for the reasons set forth herein, we will dismiss applicant’s Petition for Reconsideration, because there is no final order subject to reconsideration, and, treating the petition as a Petition for Removal, we deny applicant’s Petition for Removal. , At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code, § 5900.) The WCJ’s Order regarding the depositions of applicant, Drs. Feinberg and Carey, and
