Westin Bonaventure Hotel; Zurich North American Insurance Maria Marxuach WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA MARXUACH, Applicant,vs.WESTIN BONAVENTURE HOTEL; ZURICH NORTH AMERICAN INSURANCE, Defendants.Case Nos. ADJ2519091 (LAO 0824930)ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971) ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. The record reflects that, on September 12, 2007, there was a Mandatory Settlement Conference (MSC) before Judge Bailey at which applicant’s prior attorney appeared. Although all eleven of the medical reports to which applicant’s petition refers (i.e., applicant’s Exhibits 1 through 11, for identification) pre-dated the September 12, 2007 MSC, applicant’s prior counsel did not list them as proposed exhibits on the pre-trial conference statement (PTCS). At the September 12, 2007, discovery closed by operation of law (Lab. Code, § 5502(e)(3)) and applicant’s current counsel does not explain why the eleven reports could not have been listed as exhibits had prior counsel exercised due diligence. The cases were then set for a October 1, 2007 trial. The October 1, 2007 trial was continued due to a “last minute conflict by applicant attorney.” On October 5, 2007, applicant’s current attorney was substituted in. The trial was reset to November 19, 2007, but for various reasons it was then successively continued to March 20, 2008, April 22, 2008, August 7, 2008, September 15, 2008, October 27, 2008, August 26, 2009, September 28, 2009, and November 11, 2009. However, at all times these cases remained on the trial calendar and discovery , remained closed. At the November 2, 2009 trial, a Janu
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