KNIGHT INCORPORATED, HUMBERTO GARCIA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHUMBERTO GARCIA, Applicant,vs.KNIGHT INCORPORATED, Defendant(s).Case No. ADJ897091 (STK 0214371)OPINION AND ORDER GRANTING PETITIONFOR REMOVAL AND DECISION AFTER REMOVAL Applicant has filed a timely, verified petition for removal, requesting that the appeals board reverse the Order dated August 3, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered: “Applicant may not depose the employer witness on any 132(a) issues.” Applicant contends that he will suffer irreparable harm if unable to depose employer witnesses on the issues of “whether Applicant was in effect terminated on or around November 30, 2008, and whether his medical benefits were also terminated on or around November 30, 2008, and whether either or both events occurred at a time while he was still recuperating from the effects of his injury.” Defendant has filed an answer. Applicant, while employed as a machine operator on March 19, 2008, sustained anindustrial injury to various body parts. On March 11, 2009, he filed a “Petition for Increased Benefits and Remedies Pursuant to Labor Code Section 132a,” contending that the employer discriminated against him by failing to send him promptly for medical treatment, by terminating his employment because of his industrial injury, and by terminating his medical benefits because of his industrial injury. With respect to this claim, he has attempted to schedule the deposition of Michael Sudheimer, alleged to have been his supervisor when he last worked. After various notices of deposition and motions to quash the notices, the WCJ ruled that applicant may not , depose Mr. Sudheimer or any other employer witness with respect to his claim of discrimination in violation of Labor Code section 132a.’ In his Report and Recommendation on Petition for Removal, he states: “In the opinion of this WCJ, Applicant does have a duty to demo
