M & V MEATS; CIGA, by INTERCARE INSURANCE for PAULA INSURANCE COMPANY, in liquidation, JORGE ADELIMO ZELAYA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJORGE ADELIMO ZELAYA, Applicant,vs.M & V MEATS; CIGA, by INTERCARE INSURANCE for PAULA INSURANCE COMPANY, in liquidation, PETITION FOR REMOVAL, Defendants.Case Nos. ADJ376170 (VNO 414271)OPINION AND ORDERS DENYING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Applicant seeks reconsideration, or in the alternative, removal of the Findings and Order of August 11, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that applicant’s right to vocational rehabilitation benefits and services had not vested by a final order before the January 1, 2009, effective date of the repeal of Labor Code section 139.5. On that basis; the WCJ determined that applicant is not entitled to retroactive vocational rehabilitation maintenance allowance benefits. Applicant contends that the WCJ should have deferred issuing a decision in this case pending the outcome of the petition for writ of review filed in the case of Lawrence Weiner v. Ralphs Co. (2009) 74 Cal.Comp.Cases (Appeals Board, en bane); 2009 Cal. Wrk. Comp. LEXIS 204 (Weiner H1). Applicant also claims that “extraordinary circumstances exist to justify granting the instant Petition.” The circumstances to which applicant refers is the petition for writ of review that has been filed with regard to Weiner II. Defendant has not filed an answer to the petition for reconsideration, and the WCJ was not available to provide a Report and Recommendation on Petition for Reconsideration. Based upon our review of the record, and for the reasons set forth below, we will deny the petition for reconsideration. , On June 11, 2008, the Appeals Board, in an en banc opinion, held that: (1) the repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services purs
