DEPARTMENT OF WATER AND POWER, Permissibly Self-Insured, NORINE CARRIER-RUSSEAU, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANORINE CARRIER-RUSSEAU, Applicant,vs.DEPARTMENT OF WATER AND POWER,Permissibly Self-Insured, Defendant.Case No. ADJ3731888 (MON 0317695)ADJ1915500 (MON 0344357)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Applicant, who is not represented by an attorney, has filed a petition for removal, requesting that the appeals board rescind the Order dated November 18, 2008, wherein the workers’ compensation administrative law judge (WCJ) ordered her case continued from a mandatory settlement conference (MSC) to another MSC. Applicant contends that the case should have been taken off calendar because she has additional medical records that should be reviewed by agreed medical evaluators (AMEs) who have previously examined her before her case is submitted for decision and that the record must be developed. Defendant has filed an answer, contending that the record is now sufficient and that there is no need to develop it further. In his Report and Recommendation on Petition for Removal, the WCJ notes that the file in case number MON 344357 is missing. He recommends that this matter be taken off calendar until the missing file is found. In defendant’s Reply to Report and Recommendation for Petition for Removal, defendant offers to recreate the file if it is still missing. We appreciate defendant’s offer. Therefore, we grant removal and return this matter to the trial level to be set for a status conference, so that defendant will have the opportunity to present the recreated file to the WCJ, if the actual file has not yet been found, and the applicant will have the opportunity to review the recreated file to assure that it is accurate and complete. At that time, the WCJ will also have the opportunity to consider other arguments made by the parties as to how these matters should proceed
