AMF Anaheim, LLC; Comp West Insurance Company Jesus Duarte WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJESUS DUARTE, Applicant,vs.AMF ANAHEIM, LLC; COMP WESTINSURANCE COMPANY, Defendants.Case No. ADJ4204500 (ANA 0407556)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL, AND ORDER DISMISSING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Removal and the contents of the Report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said Report which we adopt and incorporate, we will grant removal, rescind the WCJ’s decision, and return this matter for further proceedings and decision by the WCJ. We further note that in the caption of its petition, defendant included the title “Petition for Removal (or Reconsideration).” Yet on page two of the petition defendant recognizes that reconsideration is not the correct remedy. In the interest of maintaining clarity of procedure, we will dismiss the petition for reconsideration because it is not taken from a final order. (2 Cal. Workers’ Comp. Practice (Cont. Ed. Bar, June 2012 Update) Reconsideration, §§ 21.8-21.9, pp. 1678-1680.) However, we caution defendant not to include “reconsideration” in the caption of a petition when the case is clearly one of removal. For the foregoing reasons, IT IS ORDERED that the Petition for Removal is GRANTED. IT IS FURTHER ORDERED that as the Decision After Reconsideration, the decision is RESCINDED, and this matter is RETURNED to the trial level for further proceedings and decision by the WCJ. , IT IS FURTHER ORDERED that the Petition for Reconsideration is DISMISSED.WORKERS’ COMPENSATION INSURANCE FUND_________________________________________ALFONSO J. MORESII CONCUR,_________________________________________FRANK M. BRASS________________________________________MARGUERIT
