Time Warner Cable; Chartis Grace Barrios WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGRACE BARRIOS, Applicant,vs.TIME WARNER CABLE; CHARTIS, Defendants.Case No. ADJ7613629 (Pomona District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated February 12, 2013, wherein the pro tempore workers’ compensation administrative law judge took this case off calendar at a mandatory settlement conference (MSC). Defendant contends that “allowing this matter to be taken off calendar will result in significant prejudice as well as irreparable harm” to defendant and that the case should be set for trial with discovery closed as of February 12, 2013. We have not received an answer from applicant. On January 11, 2011, applicant filed an Application for Adjudication of Claim, alleging that, while employed as a data entry clerk from October 2007 through December 27, 2010, she sustained an industrial injury to her neck and left upper extremity. On July 28, 2011, she filed an Amended Application, alleging additional injury to her right wrist and hand as a compensable consequence and insomnia due to pain. She has been examined by Mark A. Mandel, M.D., as agreed medical evaluator (AME). There was an MSC on May 29, 2012. The parties agreed to have the matter taken off calendar because there was a settlement pending. On October 24, 2012, applicant filed a Declaration of Readiness to Proceed (DOR), requesting that the case be set for MSC and stating: “Parties unable to settle despite rating of DEU.” On November 15, 2012, defendant filed an objection to applicant’s DOR, stating that applicant had failed to make a good faith effort the resolve the dispute prior to filing the DOR; that , setting an MSC in this matter is premature and was requested in bad faith; and that no hearing should be scheduled. An MSC was schedule
