Vinyl Technology, Inc., Sedgwick Claims Management Services Melvin Garcia Galdames WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMELVIN GARCIA GALDAMES, Applicant,vs. VINYL TECHNOLOGY, INC., SEDGWICK CLIAMS MANAGEMENT SERVICES, Defendants.Real Parties in Interest:Lien Claimants John Garbino, Mesa Pharmacy, Mesa Pharmacy, Inc., and Mesa Pharmacy IrvineCase No. SAU9997873OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Lien claimants Mesa Pharmacy, Mesa Pharmacy, Inc., and Mesa Pharmacy Irvine (collectively referred to herein as Mesa) seek removal of the December 2, 2019 order of stay pursuant to Labor Code1 section 4615 and consolidation pursuant to WCAB Rule 105892 (Orders) issued by a workers’ compensation administrative law judge (WCJ). The Orders also continued trial in this consolidated matter on the issue of whether Mesa was “controlled” by John Garbino pursuant to section 139.21(a)(3), to March 10, 11, and 12, 2020. Mesa contends that the Orders were issued in violation of the Opinion and Orders Dismissing Petition for Reconsideration and Granting Petition for Removal and Decision after Removal issued by the Workers’ Compensation Appeals Board on October 18, 2019 (October Board decision).3 Liaison counsel for all carriers, third-party administrators, and self-insured employers (defendants) filed an answer to the Petition for Removal, and the Anti-Fraud Unit of the Department of Industrial Relations filed an answer to the Petition for Removal (Answers). 1 All further references are to the Labor Code unless otherwise noted.2 Effective January 1, 2020, WCAB Rule 10589 is now 10396.3 We incorporate the October Board decision as though fully set forth herein. , The WCJ filed a Report and Recommendation on Removal (Report) recommending denial of the petition. The WCJ states that the intent of the October Board decision was to return the consolidated cases
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