Joe Galvan v. Fox Building Services & California Insurance Association

: This case is about Joe Galvan, who injured his right shoulder on July 21, 2001. He sought workers' compensation from Foxx Building Services, Inc. and the California Insurance Guarantee Association. The parties obtained QME reports and the matter was set for trial before Judge Bulavsky on January 9, 2007. On October 12, 2008, AME Dr. Reynolds issued a final report. On May 19, 2010, the WCJ issued a minute order stating that AME Reynolds would not be allowed to testify at trial. The defendant sought removal, but it was denied as they had not shown that significant prejudice or irreparable harm would result if removal was not granted.

Fox Building Services ,Inc; California insurance guarantee association by Its Servicing facility intercare inusrance services for pacific national insurance Company, in Liquidation. Joe Galvan  WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOE GALVAN,Applicant,vs. FOXX BUILDING SERVICES, INC.;CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By Its Servicing FacilityINTERCARE INSURANCE SERVICES ForPACIFIC NATIONAL INSURANCE COMPANY, In Liquidation,Defendant(s).Case No. ADJ4292264 (MON 0334662)ORDER DENYING PETITIONFOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge 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 deny removal. Defendant has not shown that significant prejudice or irreparable harm will result ifremoval is not granted or demonstrated that reconsideration will not be an adequate remedy if a final order adverse to it ultimately issues. (Cal. Code Regs., tit. 8, § 10843(a).) , For the foregoing reasons,IT IS ORDERED that said Petition for Removal, be, and the same hereby is, DENIEDWORKERS’ COMPENSATION APPEALS BOARD______________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________________NEIL P. SULLIVAN, DEPUTY_________________________________________________DEIDRA E. LOWEDATED AND FILED A T SAN FRANCISCO, CALIFORNIAJULY 15 2010SERVICE MADE BYMAIL ONABOVE DATE ON THE PERSONS LISTED BELOW ATTHEIR ADDRESSES AS SHO WN ON THE CURRENT OFFICIAL ADDRESS RECORD:.JOE GALVAN FLOYD, SKEREN & KELLYGORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEINcsl , WCAB CASE NO. ADJ4292264JOE GALVANv. FOXX BUILDING SERVICES, INC.WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE: GAIL BABCOCKREPORT AND RECOMMENDATIONON PETITION FOR REMOVAL—— ——————————————INTRODUCTION1. Petitioner: Defendant2. Time

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