Les Schwab Tire Company, Psi, Adjusted By Esis Jack Lundquist WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACK LUNDQUIST, Applicant,vs.LES SCHWAB TIRE COMPANY, psi, adjusted by ESIS, Defendant.Case No. ADJ2886131 (OAK 0331962)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL On September 22. 2010. defendant filed an untimely, verified petition lor removal, requestmglthai the Appeals Board rescind the Order dated September 1. 2010. wherein the workers’ compensation administrative law judge (WCJ) ordered the case continued to another mandator) settlement conference (MSC) and left discovery open, Defendant contends that the WCJ showed bias against defendant by finding good cause based on applicant’s incarceration to continue the matter while iea ing discover) open Applicant has tiled an answer WCAB Rule 10841(b) (Cal. Code Regs., tit. 8. § 10843(a)) provides: “At any time within twenty (20) days aber service of the order or decision …. any parly may petition for removal Merc, ihe Order dated September 1. 2010. was served personally on defendant on that date. The petition was filed on September 22. 2010. one da late. Therefore, wc dismiss it. We note that if we had reached the merits of the petition, wc would have denied it for reasons set lortli bv tltc WCJ in her Report and Recommendation, which wc adopt and incorporate herein. I urthcrmorc. upon review of the record in this case, wc can find no evidence that the WCJ is biased against defendant. , For the foregoing reasonsIT IS ORDERED that defendant’s petition for removal is DISMISSED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________JAMES C. CUNEOI CONCUR,________________________________________ALFONSO J. MORESI________________________________________JOSEPH M. MILLERDATED AND FILED AT SAN FRANCISCO, CALIFORNIANOV 09 2010SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS
