CONSOLIDATED PERSONNEL SERVICES JR RESIDENTIAL LUMBERMAN’S UNDERWRITING ALLIANCE HECTOR ALFARO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR ALFARO, Applicant,vs.CONSOLIDATED PERSONNEL SERVICES;JR RESIDENTIAL; LUMBERMAN’SUNDERWRITING ALLIANCE, Defendants.Case No. ADJ8548139(Los Angeles District Office)OPINION AND ORDER GRANTINGPETITION FOR REMOVAL ANDDECISION AFTER REMOVAL Defendant seeks removal in response to the April 25, 2014 orders by the workers’ compensation administrative law judge (WCJ) vacating submission and developing the record to obtain a supplemental report on the issue of apportionment from applicant’s primary treating physician, captioned “Order Vacating Submission To Develop The Record” (Order). Defendant contends that it was error for the WCJ to issue an order vacating submission and an order to develop the record on apportionment, since the issue was an injury arising out of and in the course of employment (AOE/COE). Defendant contends the record is sufficient on the question of injury, and applicant did not sustain his burden of proof. Further, defendant contends it would suffer significant prejudice or irreparable harm if removal is not granted since applicant would be provided an opportunity to obtain further discovery to augment his evidence, whereas defendant was not provided that opportunity by the WCJ’s order. Defendant contends the order granting applicant the opportunity to correct errors in the history and cure defects in applicant’s report denies the defendant due process. Applicant filed an Answer. The WCJ prepared a Report and Recommendation on Petition for Removal (Report) recommending that we grant removal, rescind the Order, issue a finding of fact that the applicant did not sustain an injury AOE/COE, and exclude Exhibits 14, 15, and 16.1 1 In the Report, the WCJ recommends we “vacate the order vacating submission to develop the record.” We will rescind the orders. Since we return th
