KIMCO STAFFING SERVICES INC.; LIBERTY MUTUAL, GERLYNN GILLOGLY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGERLYNN GILLOGLY, Applicant,vs.KIMCO STAFFING SERVICES INC.; LIBERTY MUTUAL, Defendant(s).Case No. ADJ3646270 (AHM 0108634)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order dated December 15, 2008, wherein the pro tempore workers’ compensation judge (see Labor Code section 123.71) took the matter off calendar and ordered that no Declaration of Readiness to Proceed (DOR) be filed until June 23, 2009, noting that applicant had amended her claim on October 22, 2008, and that her qualified medical evaluation.(QME) was scheduled for March 23, 2009. Defendant contends that it “has been attempting to place this matter on calendar for Trial over the course of three plus years” and that further delay will cause additional cost and harm to defendant and “will result in significant prejudice in preventing the defendant from being able to litigate this matter in a timely fashion.” We have not received a response from applicant. Applicant, while employed as a telemarketer/salesperson on October 19, 1999, claims to have sustained an industrial injury to her neck, back, head and face. She filed an Application for Adjudication of Claim on July 11, 2003. On June 25, 2005, she dismissed her attorney. On November 25, 2005, she retained a new attorney. At a mandatory settlement conference (MSC) on May 8, 2008, the workers’ compensation administrative law judge (WCJ) took the case off 1Unless otherwise specified, all statutory references are to the Labor Code. , calendar, noting that applicant’s attorney had only received minimal records from the prior attorney. Defendant agreed to provide additional medical records requested by applicant’s attorney. On October 23, 2008, applicant amended her Application to allege additional injury to right foot, righ
