Linda Wenneker, vs. County Of Contra Costa, Permissibly Self-insured; And County Of Contra Costa Risk Management, (adjusting Agent),

COUNTY OF CONTRA COSTA, Permissibly Self-Insured; and COUNTY OF CONTRA COSTA RISK MANAGEMENT, (Adjusting Agent), LINDA WENNEKER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA WENNEKER, Applicant,vs.COUNTY OF CONTRA COSTA, Permissibly Self-Insured; and COUNTY OF CONTRA COSTA RISK MANAGEMENT, (Adjusting Agent), Defendant(s).Case Nos. ADJ2954617 (WCK 0047559)ADJ2134977 (WCK 0047560ADJ3431606 (WCK 0047666)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTERREMOVAL            Defendant, the County of Contra Costa, has filed a petition requesting that the Appeals Board remove this matter to itself under Labor Code section 53101 and Appeals Board Rule 10843. (Cal. Code Regs. tit. 8, § 10843.) Defendant seeks removal in response to the Order issued by the workers’ compensation administrative law judge (WCJ) on October.23, 2009, by which the WCJ denied defendant’s second petition to augment the record and noticed his intention to re-submit this matter for decision.            In substance, defendant’s petition for removal contends: (1) it has newly discovered evidence that could not have been submitted at trial; (2) this evidence reflects that applicant has engaged in activities that are inconsistent with her trial testimony; (3) this evidence may establish fraud; and (4) therefore, the record should be reopened.            Applicant has filed an answer asserting that defendant’s petition should be denied because: (1) defendant has not demonstrated substantial prejudice or reparable harm; (2) defendant has not shown that it exercised due diligence in seeking surveillance of applicant prior to the mandatory settlement conference (MSC); and (3) defendant has not met the requirements for the introduction of newly discovered evidence. 1All further statutory references are to the Labor Code unless otherwise specified. , The WCJ has prepared a Report and Recommendation on Petition for Removal (Report). This Report recommends that defendant’s petition be

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