CHARTER COMMUNICATIONS; BROADSPIRE BREA, KELLY SHEAFFER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKELLY SHEAFFER, Applicant,vs.CHARTER COMMUNICATIONS;BROADSPIRE BREA, Defendant(s).Case No. ADJ6469383OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the appeals board rescind the Order dated October 26, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered discovery closed and continued the case to trial on November 30, 2009. Defendant contends that defense counsel did not get notice of the hearing on October 26, 2009, and did not have an opportunity to be heard; that defendant has requested a supplemental report from panel qualified medical evaluator (QME) David Johnson, M.D., that has not yet been received; and that the case should have been continued to another mandatory settlement conference (MSC) before being set for trial. We have not received an answer from applicant. Applicant, while employed as a service tech on July 21, 2007, sustained an industrial injury to her low back, right shoulder, and lumbar spine. She filed an Application for Adjudication of Claim on November 19, 2008 (entered into EAMS on January 22, 2009). On September 22, 2009, she filed a Declaration of Readiness to Proceed, requesting that the matter be set on a rating MSC. She served a copy on defense counsel. On October 26, 2009, the matter was set for an MSC. There was no appearance for defendant. The WCJ closed discovery and continued the case to trial. , In her Report and Recommendation on Petition for Removal, the WCJ states: “The reason counsel for defendant did not get served with notice of the hearing is because counsel for defendant never filed an Answer to the Application for Adjudication of Claim and never entered their appearance as attorney for defendant, according to the EAMS record” (page 2).
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