Los Angeles Unified School District, Permissibly Self-Insured, Administered by Sedgwick CMS Patricia Eskander WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPATRICIA ESKANDER, Applicant,vs.LOS ANGELES UNIFIED SCHOOL DISTRICT, PermissiblySelf-Insured, Administered by SEDGWICK CMS, Defendants.Case No. ADJ6947689 (Van Nuys District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (See Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500). Although we are affirming the WCJ’s decision based on his Report and our review of the record, it is not clear to us that the defendant was “judge-shopping” when it filed a Declaration of Readiness (DOR) seeking a “status conference” on its Motion to Strike. However, a DOR should not have been filed. The Motion to Strike that was filed properly came before the WCJ who tried the case. The subsequent filing of a DOR by defendant one week later, requesting a status conference, was improper and unnecessary, and contravened the rule that the same WCJ determines all issues unless unavailable. (Lab. Code, § 5700.)/ / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_________________________DEPUTY_________RICK DIETRICHI CONCUR,_________________________________________ ALFONSO J. MORESI_________________________________________ MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUL 30 2013SERVICE M
