American Bolt And Screws Mfg; Lwp Claims Solutions Jose Orozco WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE OROZCO, Applicant,vs.AMERICAN BOLT AND SCREWS MFG; LWP CLAIMS SOLUTIONS, Defendant(s).Case No. ADJ1305514 (LBO 0328584)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the AppealsBoard rescind the Order dated October 11, 2010, wherein the workers’ compensationadministrative law judge (WCJ) continued this case to trial. Defendant contends that the WCJerred in setting the case for trial on all issues; and that defendant was denied due process of lawbecause its discovery rights were terminated at the mandatory settlement conference (MSC) onOctober 11,2010, before it was served with psychiatric reports and had the opportunity to obtain arebuttal report. We have received an answer from applicant. Applicant, while employed as an order puller on June 12, 2001, claims to have sustained an industrial injury to his neck, back, upper extremities and psyche. He filed an Application for Adjudication of Claim (Application) on September 25, 2001. ‘Hie Application was dismissed by Order of Dismissal of Case dated September 2, 2003. Applicant apparently filed a second Application on June 15, 2005.1 Defendant claims that it filed a Petition for Dismissal of applicant’s claim on October 22. 2009, together with a Declaration of Readiness to Proceed ( DOR). Neither document is in EAMS or the paper file. There is a DOR filed January 20, 2010. in which defendant requested an MSC on 1 The second Application is not in the WCAB file. , the issue of “Pel. For Dismissal.” Defendam also staled: “CIGA wishes to have Petition for Dismissal as Parly Defendant resolved by WCAB.” We noic that this is a specific injury and that there has never been an issue as to whether CIGA was a proper party. Wc assume that this statement is a clerical error.
