Mike Ponti, vs. Aztec Tile Co.; Ulico Insurance company Administered By Gallagher bassett Services, Inc.; Atlantic Mutual Insurance Co., Administered By Risk Enterprise Management; State Compensation Insurance Fund; Design Select; Connecticut Insurance Company,

This case is about Mike Ponti, an employee of Aztec Tile Co., who filed a workers' compensation claim for a cumulative trauma injury to his back. Co-defendant Ulico Insurance Company, administered by Gallagher Bassett Services, one of the insurers for Aztec Tile Co., sought reconsideration of the October 27, 2008 Order Dismissing Defendants Aztec Tile Co., State Compensation Insurance Fund, and Atlantic Mutual Insurance Co. (Risk Enterprise Management). The Workers' Compensation Appeals Board granted removal and rescinded the WCJ's October 27, 2008 decision, denying co-defendant Atlantic Mutual's petition for its own dismissal and dismissing co-defendant Gallagher Bassett's Petition for Reconsideration.

AZTEC TILE CO.; ULICO INSURANCE COMPANY Administered By GALLAGHER BASSETT SERVICES, INC.; ATLANTIC MUTUAL INSURANCE CO., Administered By RISK ENTERPRISE MANAGEMENT; STATE COMPENSATION INSURANCE FUND; DESIGN SELECT; CONNECTICUT INSURANCE COMPANY, MIKE PONTI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIKE PONTI, Applicant,vs.AZTEC TILE CO.; ULICO INSURANCE    COMPANY Administered By GALLAGHER    BASSETT SERVICES, INC.; ATLANTIC MUTUAL INSURANCE CO., Administered By RISK ENTERPRISE MANAGEMENT; STATE COMPENSATION INSURANCE FUND; DESIGN SELECT; CONNECTICUT INSURANCE COMPANY, Defendant(s).OPINION AND ORDERS GRANTING REMOVAL AND DECISION AFTER REMOVAL AND DISMISSING PETITION FOR RECONSIDERATION            Co-defendant Ulico Insurance Company administered by Gallagher Bassett Services (hereafter “petitioner” or “Gallagher Bassett”) one of the insurers for Aztec Tile Company, seeks reconsideration of the October 27, 2008 “Order Dismissing Defendants Aztec Tile Co., State Compensation Insurance Fund, and Atlantic Mutual Insurance Co. (Risk Enterprise Management)” (Order) issued by a workers’ compensation administrative law judge (WCJ). In that Order, the WCJ dismissed the defendants named in the title of the Order, without prejudice. The WCJ had previously issued the “Notice of Intention to Dismiss Defendants Aztec Tile Co., State Compensation Insurance Fund, and Atlantic Mutual Insurance Co.” (Notice) on September 26, 2008. The September 26, 2008 Notice and the October 27, 2008 Order were issued in response to the September 8, 2008 “Petition for Dismissal or Party Defendant” filed by co-defendant Atlantic Mutual Insurance Company, administered by Risk Enterprise Management (Atlantic Mutual), in which it sought its own dismissal. ,             In its Petition for Reconsideration, petitioner contends that the WCJ erred in ordering dismissal of the defendants as it timely filed an objection to the WCJ’s September 26, 2008 Notice of his intention to dismiss the

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