MARRIOTT INTERNATIONAL MARITZA RENGIFO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARITZA RENGIFO, Applicant,vs.MARRIOTT INTERNATIONAL, Defendant.Case No. ADJ1967938 (LAO 0878508)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL ANDGRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant has filed an untimely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated August 9, 2012, wherein the workers’ compensation administrative law judge (WCJ) took this matter off calendar, stating: “Pursuant to Labor Code section 4903.6(1)(b), it is premature to set issue of liens/non MPN [medical provider network] lien compensability until case in chief has been resolved. MPN lien liability is a lien issue under the above Labor Code.” Defendant contends that it has a right to a determination as to whether it is liable for medical treatment self-procured outside of defendant’s alleged MPN; that it is not financially responsible for applicant’s self-procured treatment; and that applicant also has an interest in a prompt determination of whether defendant is liable for self-procured treatment. Applicant has not filed an answer. The petition is untimely. Defense counsel was personally served with a copy of the Minutes of Hearing that include the WCJ’s Order on August 9, 2012. The petition was e-filed on August 30, 2012, twenty-one days after personal service of the Order. WCAB Rule 10843(a) (Cal. Code Regs., tit. 8, § 10843(a)) requires that a petition for removal be filed within twenty days of the date of service of the order. Because the order was personally served, defendant was not entitled to an additional five days for mailing pursuant to Code of Civil Procedure section 1013(a), which applies to service by mail. Therefore, the petition is untimely. We will dismiss the petition. However, because of the importance of issues raised in the petition, we grant removal on our own motion. , Applic
