Interlink Mortgage Services; State Compensation Insurance Fund Jefrey Jones , then attempted to subpoena defendant’s claims file. Defendant filed another Petition for Dismissal. Applicant then filed a petition to compel the deposition of Dr. Levine. The petition does not reveal any reason for the deposition. The WCJ ordered the deposition and then amended his order after defendant filed a Petition for Removal. On the record before us, it appears that applicant made absolutely no effort to pursue his claim in the almost eight years between the filing of the Application and the filing of defendant’s Petition to Dismiss. Because applicant has not filed an answer, and because applicant’s petition for an order compelling the deposition of Dr. Levine does not state a reason for the deposition, we do not know why applicant waited almost eight years to try to depose Dr. Levine or why applicant needs to depose him now. Since Dr. Levine is now retired, is not well himself, and is caring for his terminally ill wife, applicant has a burden to come forward with some reason why the deposition is necessary after a lapse of eight years. Applicant has not even attempted to meet that burden. Therefore, we find no good cause for the deposition of Dr. Levine. For the foregoing reasons, IT IS ORDERED that defendant’s Petition for Removal is GRANTED. , IT IS FURTHER ORDERED, as the Decision After Removal of the Workers’ Compensation Appeals Board, that the Order After Filing Petition for Removal dated June 15, 2011, and the Order Directing Theodore Levine, M.D., To Appear for Deposition within 90 Days or Reports Are Ordered Struck from the Record dated April 5, 2011, are RESCINDED and applicant’s Petition to Compel Deposition dated December 14, 2010, is DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________FRANK M. BRASSI CONCUR,_______________________________________________NEIL P. SULLIVAN____________
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