A. RIVERA TRUCKING, INC.; STATE COMPENSATION INSURANCE FUND, JOSE LUGO, Deceased ARACELY LUGO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LUGO, DeceasedARACELY LUGO, Applicant,vs.A. RIVERA TRUCKING, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1528452 (LAO 0884582)ORDER DENYING REMOVAL 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 deny removal. We note that in denying removal, we have not accepted or considered Petitioner’s response to the WCJ’S report./////////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Removal is DENIED. WORKERS’COMPENSA TION APPEALS BOARD ________________________________ JAMES C. CUNEOI CONCUR,________________________________ RONNIE G. CAPLANE________________________________ ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAR 05 2009SERVICE MADE BY MAIL ONA ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:ARACELYLUGOSTATE COMPENSATION INSURANCE FUNDLAW OFFICES OF WILLIAMS, BECK & FORBESbgr , CASE NUMBER: LAO 884582; ADJ1528452JOSE LUGO (deceased) vs. A. RIVERA TRUCKINGWORKERS’ COMPENSATION JUDGE: JEFFREY R. WARDDATE OF INJURY: 1/24/08REPORT AND RECOMMENDATIONON PETITION FOR REMOVALI.INTRODUCTION A Mandatory Settlement Conference occurred on 1/7/09. Both sides appeared. The DOR was filed by Applicant, while Defendant filed a timely and verified objection. The judge was asked to resolve a dispute raised by Defendant requesting the case go off calendar to perform further discovery on a dependency issue and because of issues related to a Serious and Willful Misconduc
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