City And County Of San Francisco permissibly self-insured Louis Dobert WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOUIS DOBERT, Applicant,vs.CITY AND COUNTY OF SAN FRANCISCO, permissibly self-insured, Defendants.Case No. ADJ2569930 (OAK 0314153)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL Defendant City and County of San Francisco seeks removal of the case to the Appeals Board or reconsideration of the June 21, 2011 decision of the workers’ compensation administrative law judge (WCJ) to defer defendant’s request that proceedings in the case be stayed pending the conclusion of criminal proceedings against applicant for workers’ compensation fraud, insurance fraud, grand theft and attempted perjury. Defendant contends that the WCJ should have stayed proceedings based upon the criminal insurance fraud allegations against applicant that are pending in San Francisco superior court. An answer was received from applicant and the WCJ provided a Report and Recommendation on Petition for Removal (Report) recommending that defendant’s petition be denied. We have carefully reviewed the record and considered the allegations of defendant’s petition for removal or reconsideration and the WCJ’s Report with respect thereto. For the reasons stated by the WCJ in his Report, which is incorporated by this reference, and for the reasons below, defendant’s petition for reconsideration is dismissed and the petition for removal is denied. As discussed by the WCJ in his Report, applicant pleaded not guilty to the criminal insurance fraud charges brought against him. There has not yet been a showing of probable cause for the criminal allegations, and no trial has been scheduled. At this point in time, applicant is entitled to a presumption , of innocence which is the cornerstone of our criminal justice system. Our decision does not mean that we condone the commission o
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