City Of Tracy; Acclamation Fresno Kathy Mcfall WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHY MCFALL, Applicant,vs.CITY OF TRACY; ACCLAMATION FRESNO, Defendant.Case No. ADJ3802070; ADJ3952681OPINION AND ORDERS DENYING PETITION FOR REMOVAL AND DISMISSING PETITION FOR DISQUALIFICATION Defendant has filed a timely, unverified petition for removal, requesting that the Appeals Board rescind the Order Denying Petition for Dismissal dated August 10, 2010, wherein the workers’ compensation administrative law judge (WCJ) stated: “Defendant has filed a petition requesting dismissal, citing 8 Cal. Code Regs. § 10582, which requires dial a petition for dismissal be preceded by a period of at least one year of inactivity on the calendar. However, defendant has filed, at the same time, a declaration of readiness to proceed, causing the case to be restored to the calendar and set for hearing. The grounds for dismissal having been vitiated by the same party seeking dismissal, the petition must be, and hereby is, DENIED without prejudice.” The case is now sent for a mandatory settlement conference (MSC) on September 27, 2010. Defendant contends that WCAB Rule 10582 allows the requesting party to request a hearing on its petition without vitiating the grounds for dismissal. Defendant also requests that we remove the WCJ from this case. Wc have not received a response from applicant, who is not represented by an attorney. Applicant, while employed as a human resources risk manager, claims to have sustained an industrial injury to headaches, digestive system, and psyche during a period of cumulative trauma ending January 8. 2003. On August 5, 2010, defendant filed a Petition to Dismiss, alleging that there had been no action to return the matter to active status since an order taking off calendar dated June 24, 2008. Concurrently, defendant filed a Declaration of Readiness to Proceed (DOR), , requesting a hearing on its petition to dis
