Sacks, SFO; California Insurance Guarantee Association, Adjusted By Broadspire For Superior Pacific Insurance Company, In Liquidation Rafael Perez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL PEREZ, Applicant,vs.SACKS, SFO; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Adjusted By BROADSPIRE For SUPERIOR PACIFIC INSURANCE COMPANY, In Liquidation, Defendants.Case Nos. ADJ4563860 (ANA 0403209) ADJ4391773 (ANA 0334490)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION, GRANTING REMOVAL, AND DECISION AFTER REMOVAL Defendant, California Insurance Guarantee Association (CIGA) seeks reconsideration and removal of the Notice of Intention to Dismiss Party Defendant (Order) issued by a workers’ compensation administrative law judge (WCJ) on May 6, 2011, wherein the WCJ stated that co-defendant McDonald’s Company (McDonald’s) would be dismissed in twenty (20) days. unless written objection was received by that time. The WCJ directed McDonald’s counsel to serve the Order. CIGA contends that it was denied due process when the WCJ issued the May 6, 2011 Order without providing it with notice and an opportunity to be heard. CIGA argues that it was not served with the Order until June 21, 2011, and that it filed a timely objection. CIGA also contends that the medical evidence relied on by the WCJ is stale, arguing that the most recent report from the Agreed Medical Examiner (AME) apportioned applicant’s disability to his subsequent employment at McDonald’s. We have considered the allegations of CIGA’s Petition and the record in this matter. No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration, recommending that the Petition be granted to vacate the May 6. 2011 Order and that the matter be returned to the trial level to develop the medical record. , Based on our review of the record and for the reasons stated herein, we will dismiss the Petition for Reconsideration
