J.C. Penney; National Union Fire Insurance Company Of Pittsburgh, Pennsylvania Irene Yera WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRENE YERA, Applicant,vs.J.C. PENNEY; NATIONAL UNION FIREINSURANCE COMPANY OF PITTSBURGH,PENNSYLVANIA, Defendants.Case No: ADJ8467469(Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant petitions for removal of this case to the Appeals Board following the February 14, 2013 decision of the WCJ to deny defendant’s motion to compel applicant to attend her deposition in the presence of the employer representative store manager. Applicant claims to have incurred industrial injury to her neck, upper extremities, chest, nervous system and other body parts while employed as sales assistant by defendant during the period March 22, 2011 to May 11, 2012. Defendant contends that it will be denied due process and will incur substantial prejudice if applicant is not compelled to attend the deposition with the employer representative in attendance. An answer was not received. The WCJ provided a Report and Recommendation on Petition for Removal (Report) recommending that defendant’s petition be granted. Defendant’s petition is granted and as our Decision after Removal the WCJ’s February 14, 2013 decision is rescinded for the reasons expressed by the WCJ in his Report, which is incorporated by this reference, and for the reasons below. Defendant’s attorney avers in the verified petition that applicant’s deposition was noticed to occur at his office on August 10, 2012, pursuant to a stipulation with applicant’s attorney. Applicant appeared at the noticed time and location but refused to go forward in the presence of defendant’s store manager, , who was designated as the employer’s representative. Defendant then petitioned to compel the deposition to proceed in the store manager’s presence, but the WCJ denied the petition at th
