Losangeles~Iedschool District, Permissibly Self-Insured Gregory Devore WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGREGORY DEVORE, Applicant,vs.LOSANGELES~IEDSCHOOL DISTRICT, permissibly self-insured, Defendant.Case No. ANA 0376537OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL; GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks removal of this matter to the Appeals Board.from the Order of March 28, 2007, wherein the workers’ compensation administrative law judge (WCJ), after a trial on MartJ 28, 2007, at which a witness that defendant subpoenaed failed to appear, submitted for decision applicant’s claim that defendant discriminated against him because of his industrial injury in violation of Labor Code section 132a. While defendant’s petition for removal was pending1 before us, the WCJ issued the Findings of Fact. Order & Award of April 19, 2007. Defendant also seeks reconsideration of the Findings of Fact, Order & Award of April 19, 2007, wherein the WCJ found, in essence, that defendant discriminated against applicant in violation of Labor Code section 132a, entitling applicant to reinstatement as a provision^ teacher, the position he held on January 6, 2003, when he sustained the admitted industrial injury to his right knee and internal organs, to a S 10,000 penalty, and to his lost wages. 1 The filing of a petition for removal, unlike the filing of a petition for reconsideration, does not divest die WCJ of authority to proceed in a case while the petition is pending before the Appeals Board. (Cal. Code Regs., tit. 8, § 10843. subd. (e) (Appeals Board Rule 10843. subd. (e)J.) , In its petition for removal, defendant contends that the WCI should have granted its requestto continue the March 28, 2007, trial to a later date, arguing that its witness, Frances Hayward(Hayward), was subpoenaed to appear at the trial, but did not. In its petition for reconsideration, defendant contends
