I Henry Estrada, vs. Laidlaw Transportation; National Union Fire Insurance Company,

In this case, the Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinded the findings of September 30, 2009, and returned the matter to the trial level for further proceedings and decision. The Board found that the defendant had established that the order, decision, or action would result in significant prejudice or irreparable harm, and that the circumstances warranted the extraordinary remedy of removal. The Board dismissed the defendant's petition for reconsideration because there was no final order subject to reconsideration.

LAIDLAW TRANSPORTATION; NATIONAL UNION FIRE INSURANCE COMPANY, I HENRY ESTRADA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHENRY ESTRADA, Applicant,vs.LAIDLAW TRANSPORTATION; NATIONAL UNION FIRE INSURANCE COMPANY, Defendants.Case Nos. ADJ3440294 (VNO 0363014)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Defendant seeks reconsideration or, in the alternative, removal of the Findings that issued in this case on September 30, 2009, wherein a workers’ compensation administrative law judge (WCJ) found that applicant is not precluded from pursuing development of the record by way of an opinion from an agreed medical evaluator (AME) regarding causation of the alleged injury to his bilateral hips. Defendant contends that the WCJ erred in permitting development of the record instead of allowing the case to proceed to trial because this case is more than 11 years post injury; applicant had an ongoing hip problem for many years that he believed was connected to his industrial knee injury; and applicant delayed in amending the application for adjudication of claim until one year ago.            We have considered the allegations of the petition for reconsideration and/or removal and the contents of the report and recommendation on petition for reconsideration (Report) of the WCJ. An answer has not been filed by defendant. The WCJ’s Report recommends that we grant the petition for removal, reverse the finding allowing applicant to pursue further medical discovery related to causation of the alleged hip injury, and issue 3 new findings.1 1The WCJ’s Report explains that upon further reflection, he is persuaded that his initial determination was in error and should be amended. He then suggests 3 new specific findings. Perhaps the WCJ is not aware of the broad authority provided to him under California Code of Regulations, title 8, sections 10843 and 10859. Those sections permit the WCJ, wit

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