Palmdale School District; TIG administered by Risk Enterprise Management Kathleen Jones WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHLEEN JONES, Applicant,vs.PALMDALE SCHOOL DISTRICT; TIG administered byRISK ENTERRPRISE MANAGEMENT, Defendants.Case No. ADJ422285 (LAO 08023428)OPINION AND ORDERS DENYING PETITION FOR REMOVAL, GRANTING RECONSIDERATIONON BOARD MOTION AND DECISION AFTER RECONSIDERATION TIG, administered by Risk Enterprise Management (defendant), seeks removal of the Order that issued in this case on March 16, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to reimburse Hinden & Breslavsky (applicant’s attorney) costs in the amount of $781.25 associated with the deposition of Roger Sohn, M.D. Defendant contends that the WCJ erred in issuing the Order because it objected to the allowance of costs on the basis that applicant’s attorney failed to clarify Dr. Sohn’s opinions by way of a supplemental report, which would have been a more cost-effective procedure. Additionally, defendant claims that the WCJ violated its due process rights by issuing the Order on a “walk-through” basis without affording it an opportunity to register a good cause objection prior to the Order becoming effective. The WCJ has prepared a report and recommendation on the petition for removal (Report) in which he acknowledges that the Order did not comply with Cal. Code Regs., tit. 8, §§ 10280(i) and 10349. The WCJ’s Report points out that the Order is a final order subject to reconsideration, and recommends that we grant reconsideration on our own motion to vacate the Order. We have also received an answer to the petition for removal from applicant’s attorney. , Based on our review of the record and for the reasons set forth below, we will deny removal, grant reconsideration on our own motion, rescind the WCJ’s Order, and return this matter to the trial level for further proceedings and
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