NORTHROP GRUMMAN CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, RALPH MONTIJO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARALPH MONTIJO, Applicant,vs.NORTHROP GRUMMAN CORPORATION; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant(s).Case No. ADJ3391984 (ANA 0391467)OPINION AND ORDERS DISMISSING RECONSIDERATION; GRANTING REMOVAL AND DECISION AFTER REMOVAL Defendant requests removal regarding and, in the alternative seeks reconsideration from, the October 7, 2009 Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ order that Bruce Gillis, M.D., issue a report describing applicant’s impairment using the American Medical Association (AMA) Guides. The WCJ also ordered, over defendant’s objection, that Dr. Gillis perform oncogenic testing recommended on page 11 of his June 7, 2006 report stating that “these tests are necessary to complete the evaluation.” Previously, the parties stipulated that applicant claims to have sustained industrial injury to his vocal cords, respiratory system, and pulmonary system while employed as a “press operator/laminator” during the period from March 27, 1978 through January 2004 and that “applicant asserts that he developed cancer of his vocal cords as a result of his employment.” Defendant contends that the WCJ violated, its right to due process by sua sponte ordering further development of the record in the form of additional testing and supplemental report by Dr. Gillis after the closure of discovery. Applicant did not file an answer. However, the WCJ issued a Report and Recommendation of Workers’ Compensation Administrative Law Judge on Petition for Removal recommending that we deny defendant’s request for removal. , Based on our review of the record and for the reasons discussed below, we will dismiss reconsideration, grant removal, and remand this matter back to the trial level for further proceedings and decision by
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