HARBOR INTERFAITH SERVICES; permissibly self-insured and adjusted by GALLAGHER BASSETT SERVICES, MARILYN ROSE UTOVAC, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARILYN ROSE UTOVAC, Applicant,vs.HARBOR INTERFAITH SERVICES; permissibly self-insured and adjusted by GALLAGHER BASSETT SERVICES, Defendant(s).Case No. ADJ3355196 (LAO 0873037) OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed a timely, verified petition for removal, requesting that the appeals board reverse the Order dated June 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter off calendar to allow for further discovery by applicant. Defendant contends that applicant’s objection to defendant’s Declaration of Readiness lo Proceed was untimely;1 that applicant has been examined twice by an agreed medical evaluator (AME), who has been deposed;2 that applicant’s condition has been permanent and stationary for nine months; and that this matter is ready to go to trial. We have not received an answer from applicant. Neither the Minutes of Hearing nor the Report and Recommendation on Petition for Removal of the WCJ gives any hint as to why he decided to take the case off calendar. The petition is verified. In the absence of contradiction by the applicant or the WCJ, we assume that petitioner’s assertions are true. Therefore, we grant the petition for removal and order this matter returned to the trial calendar for another mandatory settlement conference, as requested by petitioner. 1The objection is not in the WCAB file.2The reports and deposition are not in the WCAB file. , For the foregoing reasons, IT IS ORDERED that defendant’s petition for removal is GRANTED. IT IS FURTHER ORDERED, as the decision after removal of the Workers’ Compensation Appeals Board, that the Order dated June 23, 2009, is RESCINDED and that this matter is RETURNED to the trial level to be set for
Marilyn Rose Utovac, vs. Harbor Interfaith Services; Permissibly Self-insured And Adjusted By Gallagher Bassett Services,
In this case, Marilyn Rose Utovac is appealing an Order from the Workers' Compensation Administrative Law Judge (WCJ) that took the case off calendar to allow for further discovery. Harbor Interfaith Services, permissibly self-insured and adjusted by Gallagher Bassett Services, has filed a petition for removal, requesting that the Appeals Board reverse the Order. The petition is verified and the Appeals Board has granted the petition for removal and ordered the matter returned to the trial calendar for another mandatory settlement conference.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3355196
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