Martin Porras, vs. H&f Farms; Ignacio & Delfina Cuevas And California Indemnity Insurance Co., Adjusted By Gab Robins North America, Inc.; State Compensation Insurance Fund,

(FRE 0220936) is a case in which the defendant, California Indemnity Insurance Company, sought both reconsideration and removal with regard to a workers' compensation administrative law judge's ("WCJ") handwritten order of March 18, 2009 denying California Indemnity's petition to dismiss the case. The WCJ's order was denied due to the unclear status of the settlement and the questionable dismissal of liens. The petition for reconsideration was dismissed because it was not taken from a final order subject to reconsideration, and the petition for removal was denied because California Indemnity had not shown the requisite substantial prejudice or irreparable harm if removal was not granted.

H&F FARMS; IGNACIO & DELFINA CUEVAS and CALIFORNIA INDEMNITY INSURANCE CO., Adjusted By GAB ROBINS NORTH AMERICA, INC.; STATE COMPENSATION INSURANCE FUND, MARTIN PORRAS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTIN PORRAS, Applicant,vs.H&F FARMS; IGNACIO & DELFINA CUEVAS and CALIFORNIA INDEMNITY INSURANCE CO., Adjusted By GAB ROBINSNORTH AMERICA, INC.; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ2104768 (FRE 0220936)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Defendant California Indemnity Insurance Company seeks both reconsideration and removal with regard to a workers’ compensation administrative law judge’s (“WCJ”) handwritten order of March 18, 2009 denying California Indemnity’s petition to dismiss the case. The WCJ’s order read, “Denied: Status of settlement is unclear. Whether to dismiss liens is questionable.” In this matter, the applicant alleges that while employed as a fieldsman on November 6, 2003, he sustained industrial injury to his back, right leg, and both shoulders. A Compromise and Release between the applicant and co-defendant State Compensation Insurance Fund (but not signed by California Indemnity) was approved by the WCJ on August 28, 2007. On September 20, 2007, California Indemnity sought reconsideration of the Order Approving Compromise & Release of August 28, 2007. In a Decision after Reconsideration of October 4, 2007, we rescinded the Order Approving Compromise and Release of August 28, 2007. As we wrote in our Opinion:       “… we will grant reconsideration, rescind the WCJ’s decision, and       return this matter for further proceedings and decision by the       WCJ….       If the WCJ determines that there is no good cause to set aside the       settlement, the order approving may be reinstated by the WCJ.”       (September 20, 2007 Opinion at p. 1.)/// ,             Our disposition read as follows:       “IT IS HEREBY ORDERED that reconsider

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