John Litzi dba Lake Chapala Jacinto Bacerra WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACINTO BECERRA, Applicant,vs.JOHN LITZO dba LAKE CHAPALA, Defendant(s).Case No. ADJ277813 (SAC 0359011)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Applicant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order issued at a mandatory settlement conference (MSC) on January 13, 2011, wherein the workers’ compensation administrative law judge (WCJ) continued the case to trial on March 7, 2011, and ordered: “The employer did not appear today. The [Official Address Record] does reflect his current address. Lien claimant spoke to him and was advised that he was 2 hours away and could not make it. So as to ensure that all parties’ due process rights are protected and so as to allow [applicant] an opportunity for an expeditious trial, the case is being set for trial and the employer is allowed until 2/10/11 to disclose, serve and file its exhibits and witnesses.”1 Applicant contends that Labor Code section 5502(e)(3)2 requires that discovery close on the date of the MSC and that no good cause to allow discovery to remain open for the employer has been shown. We have not received an answer from the employer, who is apparently illegally uninsured, or from the Uninsured Employers Benefit Trust Fund. Applicant, while employed as a laborer on December 26, 2006, claims to have sustained an industrial injury to his low back and legs. The case was scheduled for an MSC on September 10, 1 As of the date of this Opinion, there is no indication in EAMS that the employer has filed any exhibits.2 Unless otherwise specified, all statutory references are to the Labor Code. , 2009. The employer did not appear. The case was continued to trial on February 22, 2010, at which the employer did appear and stated that he had not appeared at the MSC because notice had
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