Nicole Miller, vs. State Compensation Insurance Fund, Legally Uninsured, Administered By Acclamation Insurance Management Services,

In this case, Nicole Miller is suing the State Compensation Insurance Fund, Legally Uninsured, Administered By Acclamation Insurance Management Services for an industrial injury she sustained while employed by them from October 24, 2002 through October 24, 2003. The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal of the order rescheduling the August 26, 2016 Status Conference, as the order was issued by DWC Headquarters and the Appeals Board does not have jurisdiction to review orders that were not issued by workers compensation judges at the WCAB.

State Compensation Insurance Fund, Legally Uninsured, Administered By Acclamation Insurance Management Services, Nicole Miller, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICOLE MILLER,Applicant,vs. STATE COMPENSATION INSURANCE FUND, Legally Uninsured, Administered By ACCLAMATION INSURANCE MANAGEMENT SERVICES,Defendants.Case No. ADJ693685 (SAC 0341153)OPINION AND ORDER DISMISSING PETITION FOR REMOVAL            Defendant seeks removal of an order rescheduling the August 26, 2016 Status Conference. Applicant alleged that, while employed by defendant from October 24, 2002 through October 24, 2003, she sustained an industrial injury.            Defendant contends that the order rescheduling the August 26, 2016 Status Conference will cause it to suffer significant prejudice and irreparable harm.            We have considered the Petition for Removal (Petition), and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Removal (Report), stating that the decision to continue the August 26, 2016 Status Conference was not issued by her but by DWC Headquarters, and as a result she had no recommendation. We have not received an Answer from applicant.            For the reasons discussed below, we will dismiss defendant’s Petition.            As the WCJ indicated in her Report, she did not issue an order rescheduling the August 26, 2016 Status Conference. Instead, the order was issued by DWC Headquarters. The Appeals Board does not have jurisdiction to review orders that were not issued by workers compensation judges at the WCAB. We are therefore without jurisdiction to review the order rescheduling the August 26, 2016 Status Conference. Accordingly, we will dismiss defendant’s Petition. ,             For the foregoing reasons,            IT IS ORDERED that defendant’s Petition for Removal of the order rescheduling the August 26, 2016 Status Conference is DISMISSED.        WORKERS’ COMPENSATION APPEALS BOARD     

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