MIKE REIS vs. SILVAS OIL COMPANY INC EMPLOYERS INSURANCE OF WAUSAU Administered By LIBERTY MUTUAL INSURANCE COMPANY

ADJ6747914 In this case, Mike Reis, an employee of Silvas Oil Company, Inc., filed a workers' compensation claim for injuries sustained while on the job. The employer's insurance company, Employers Insurance of Wausau, administered by Liberty Mutual Insurance Company, requested a utilization review to determine if a carpal tunnel surgery should be authorized. The Workers' Compensation Appeals Board granted the employer's petition for removal and rescinded the order for the claims adjuster to appear at an expedited hearing. The Board also vacated the WCJ's Findings of Fact and Order issued on June 18, 2014, and returned the matter to the WCJ for further proceedings.

SILVAS OIL COMPANY INC EMPLOYERS INSURANCE OF WAUSAU administered by LIBERTY MUTUAL INSURANCE COMPANY MIKE REIS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMIKE REIS, Applicant,vs.SILVAS OIL COMPANY, INC.;EMPLOYERS INSURANCE OF WAUSAU,administered by LIBERTY MUTUALINSURANCE COMPANY, Defendants.Case Nos. ADJ8484771ADJ6747914(Fresno District Office)OPINION AND ORDERSDISMISSING PETITION FORRECONSIDERATION; GRANTINGREMOVAL AND DECISIONAFTER REMOVAL            Defendant seeks reconsideration, and in the alternative removal, of the Order issued by the workers’ compensation administrative law judge (WCJ) in the April 30, 2014 pretrial conference statement ordering the claims adjuster to appear personally at an expedited hearing scheduled for May 13, 2014. Defendant contends that the WCJ erred in ordering the claims adjuster to appear to testify at the expedited hearing on the issue of a December 10, 2013 utilization review determination that did not certify a carpal tunnel surgery request. Applicant’s counsel listed the claims adjuster as a witness.            Applicant filed an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending we treat defendant’s petition as a Petition for Removal, as the order for the claims adjuster to appear was not a final order. The WCJ recommended we deny removal.            We have considered the allegations in the Petition for Reconsideration, and in the alternative Removal, the Answer, and the contents of the Report. Based on our review of the record, we will dismiss the petition as a petition for reconsideration. We will treat the petition as a petition for removal, grant removal, and rescind the WCJ’s order that the claims adjuster appear at the expedited hearing.            In the course of reviewing the adjudication file in the Electronic Adjudication Management System, it was discovered that subsequent to the filing of subject petition the trial WCJ proceeded with the expedi

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