Spears Manufacturing Company; Zenith North America Liborio Lopez WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALIBORIO LOPEZ, Applicant,vs.SPEARS MANUFACTURING COMPANY; ZENITH NORTH AMERICA, Defendants.Case No. VNO 0472333OPINION AND ORDERS DENYING PETITION FOR REMOVAL, GRANTING PETITIONFOR RECONSIDERATION, AND DECISION AFTER RECONSIDERATION At a mandatory settlement conference (MSC) on June 5, 2007, the workers’ compensationadministrative law judge (WCJ) issued a notice of intention to issue sanctions pursuant to Labor Code section 58131 against defendant for failure to have settlement authority at the MSC. In response defendant filed a “Petition for Removal; Petition for Opposition of Imposition of 5813 Penalties” on June 14,2007. Defendant requested that the WCJ be removed as trial judge on the 16 “5813 penalty matter” and that sanctions not be imposed. We have not received an answer from applicant. On June 22, 2007 the WCJ, treating the petition as a petition for removal pursuant to section 5310 and WCAB Rule 10843 (Cal. Code Regs., tit. 8, § 10843), issued a Report and Recommendation recommending that we deny removal. Simultaneously, he issued an Order dated June 22, 2007, imposing a sanction of $250.00 against defendant Spears Manufacturing Company, Zurich North America and the law firm of Tobin-Lucks, LLP, and William J. Koppany attorney, jointly and severally. We have not received a petition for reconsideration from the Order dated June 22, 2007. The case is presently set for trial on August 15, 2007. 1 Unless otherwise specified, all statutory references are to the Labor Code. , Because of lhe unusual procedural quagmire with which we are presented, we gram reconsideration of the June 22, 2007 decision on our own motion pursuant to section 5900(b). We rescind the Order imposing sanctions. We deny removal. Applicant, while employed as a construction worker on April 3, 2003, sustained industrial injury to h
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